Morse v. O'Neil et al, No. 3:2020cv00213 - Document 7 (E.D. Va. 2020)

Court Description: MEMORANDUM OPINION. Signed by District Judge David J. Novak on 09/04/2020. Copy mailed to Plaintiff. (walk, )

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Morse v. O'Neil et al Doc. 7 Case 3:20-cv-00213-DJN-RCY Document 7 Filed 09/04/20 Page 1 of 2 PageID# 38 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division RANDOLPH K. MORSE,JR., Plaintiff, Civil No. 3:20cv2I3(DJN) CAROLE O'NEIL,et al.. Defendants. 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 imder color of state law deprived him or her ofa constitutional right or ofa 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). In his current Complaint, Plaintiff does not identify the particular constitutional right that was violated by the defendants' conduct. Accordingly, by Memorandum Order entered on June 30,2020,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. More than fourteen (14)days have elapsed since the entry ofthe June 30,2020 Memorandum Order. Plaintiff failed to submit a particularized complaint or otherwise respond to Dockets.Justia.com Case 3:20-cv-00213-DJN-RCY Document 7 Filed 09/04/20 Page 2 of 2 PageID# 39 the June 30,2020 Memorandum Order. Accordingly, the action will be dismissed without prejudice. An appropriate order will accompany this Memorandum Opinion. Let the Clerk file a copy of the Memorandum Opinion electronically and send a copy to Plaintiff. /s/ David J. Novak United States District Judge Richmond, Virginia Dated: September 4.2020

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