Rouser v. John/Jane Doe, No. 3:2018cv00713 - Document 27 (E.D. Va. 2019)
Court Description: MEMORANDUM OPINION. See Opinion for details. Signed by District Judge M. Hannah Lauck on 10/25/2019. (sbea, )
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Rouser v. John/Jane Doe Doc. 27 y Ik P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division OCT 25 2019 CLERK,U^.DISTRICT COURT RICHMOND. VA JONATHAN ROUSER, Plaintiff, Civil Action No. 3:18CV7I3 V. JOHN/JANE DOE, Defendant. MEMORANDUM OPINION Plaintiff, a Virginia inmate proceeding pro se and informa pauperis, filed this 42 U.S.C. § 1983 action. In order to state a viable claim under 42 U.S.C. § 1983, a plaintiff must allege that a person acting under color of state law deprived him or her of a constitutional right or ofa right conferred by a law of the United States. See Dowe v. Total Action Against Poverty in Roanoke Valley, 145 F.3d 653,658 (4th Cir. 1998)(citing 42 U.S.C. § 1983). Plaintiffs current allegations fail to provide each defendant with fair notice ofthe facts and legal basis upon which his or her liability rests. See BellAtl. Corp. v. Twombly, 550 U.S. 544, 555(2007)(quoting Conley v. Gibson,355 U.S. 41,47(1957)). Accordingly, by Memorandum Order entered on May 9,2019, the Court directed Plaintiff to submit a particularized complaint within fourteen (14)days ofthe date of entry thereof. The Court warned Plaintiff that the failure to submit the particularized complaint would result in the dismissal ofthe action. Thereafter,the Court granted Plaintiff an extension oftime and by Memorandum Order entered on September 26,2019,the Court directed Plaintiff to file his particularized complaint within eleven(11)days ofthe date of entry thereof. More than eleven(11)days have elapsed since the entry ofthe September 26,2019 Memorandum Order. Plaintiff failed to submit a Dockets.Justia.com particularized complaint or otherwise respond to September 26,2019 Memorandum Order. Accordingly, the action will be DISMISSED WITHOUT PREJUDICE. An appropriate order will accompany this Memorandum Opinion. (sL M. Hannah Lauck United States District Judge Date: OCT 2 5 2019 Richmond, Virginia
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