Witherspoon v. Behringer USA, Inc.

Full title: DESMOND WITHERSPOON, Plaintiff, v. BEHRINGER USA, INC. MUSIC, Defendant.

Court: UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

Date published: Jan 21, 2015

Civil Action No. 15-0136 (SRC) (D.N.J. Jan. 21, 2015)

Opinion

Civil Action No. 15-0136 (SRC)

01-21-2015

DESMOND WITHERSPOON, Plaintiff, v. BEHRINGER USA, INC. MUSIC, Defendant.

CHESLER, District Judge

NOT FOR PUBLICATION

CLOSED

OPINION

CHESLER, District Judge

This matter comes before the Court on the application filed by Plaintiff Desmond Witherspoon to proceed in forma pauperis without fees under 28 U.S.C. § 1915. The Court finds that Plaintiff qualifies for in forma pauperis status, yet his Complaint will be dismissed. The Court must examine Plaintiff's claim and dismiss it if frivolous or legally insufficient. 28 U.S.C. § 1915(e)(2). Here, Plaintiff demands A "120 channel mixer" from Behringer in Bothell, WA, for a cause of action "Tolling Limitation of Action; 19.86-120." No further information is provided. As such, Plaintiff has failed to state a basis for federal subject matter jurisdiction and has failed to state a facially plausible claim for relief. For the reasons provided in the Opinion for Civil Action No. 14-6296, Plaintiff is on notice that he may be sanctioned if he continues to file unsubstantiated and repetitive lawsuits. An appropriate Order will be filed.

s/Stanley R. Chesler

STANLEY R. CHESLER

United States District Judge
Dated: January 21, 2015