Varner v. Dept of Corr Nottoway Correctional Center, No. 3:2019cv00872 - Document 33 (E.D. Va. 2020)

Court Description: MEMORANDUM OPINION (Dismissing Action Without Prejudice). Signed by District Judge Henry E. Hudson on 9/8/2020. (Copy mailed to Plaintiff) (smej, )

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Varner v. Dept of Corr Nottoway Correctional Center Doc. 33 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division CARL ODELL VARNBR,JR., Plaintiff, Civil Action No. 3:19CV872-HEH V. DEPT. OF CORRNOTTOWAY CORRECTIONAL CENTER, Defendant. MEMORANDUM OPINION (Dismissing Action Without Prejudice) Plaintiff, a former 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 ofstate law deprived him or her of a constitutional right or of a right conferred by a law ofthe 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). Neither "inanimate objects such as buildings, facilities, and grounds" nor collective terms such as "staff or "agency" are persons amenable to suit under § 1983. Lamb v. Library People Them, No. 3:13-8-CMC-BHH,2013 WL 526887, at *2-3(D.S.C. Jan. 22, 2013)(citations omitted)(internal quotations omitted) (explaining that the plaintiffs "use ofthe collective term 'people them' as a means to name a defendant in a § 1983 claim does not adequately name a 'person'"); see Preval v. Reno, No. 99-6950,2000 WL 20591, at *1 (4th Cir. Jan. 13, 2000)(citations omitted) (affirming the district court's determination that Piedmont Regional Jail is not a "person" Dockets.Justia.com under § 1983). In his current Complaint, Plaintiff does not identify the particular constitutional right that was violated by the defendant's conduct. Plaintiffs current allegations also fail to provide the defendant with fair notice ofthe facts and legal basis upon which his or her liability rests. See Bell Atl 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 July 29,2020,the Court directed Plaintiffto submit a particularized complaint within thirty(30)days ofthe date of entry thereof. The Court warned Plaintiffthat the failure to submit the particularized complaint would result in the dismissal ofthe action. More than thirty (30)days have elapsed since the entry ofthe July 29,2020 Memorandum Order. Plaintiff failed to submit a particularized complaint or otherwise respond to the July 29,2020 Memorandum Order. Accordingly, the action will be dismissed without prejudice. An appropriate Order will accompany this Memorandum Opinion. /s/ HENRY E. HUDSON Date:ScfT. Richmond, Virginia SENIOR UNITED STATES DISTRICT JUDGE

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