Faush v. Gregory, et al., No. 3:2023cv00382 - Document 10 (E.D. Va. 2023)
Court Description: MEMORANDUM OPINION. Signed by District Judge Roderick C. Young on 11/21/2023. (Copy mailed to Faush) (smej, )
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Faush v. Gregory, et al. Doc. 10 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division ANTHONY FAUSH, JR., Plaintiff, v. Civil Action No. 3:23CV382 (RCY) ALISSA GREGORY, et al., Defendants. MEMORANDUM OPINION Plaintiff, a Virginia inmate proceeding pro se and in forma pauperis, filed this 42 U.S.C. § 1983 action. 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 of a 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). In his current Complaint, Plaintiff did not identify the particular constitutional right that was violated by the defendants’ conduct. Plaintiff also failed to provide each defendant with fair notice of the facts and legal basis upon which his or her liability rests. Accordingly, by Memorandum Order entered on October 6, 2023, the Court directed Plaintiff to submit a particularized complaint within thirty (30) days of the date of entry thereof. The Court warned Plaintiff that the failure to submit a particularized complaint would result in the dismissal of the action. More than thirty (30) days have elapsed since the entry of the October 6, 2023 Memorandum Order and Plaintiff has failed to submit a particularized complaint. Accordingly, the action will be DISMISSED WITHOUT PREJUDICE. An appropriate Final Order will accompany this Memorandum Opinion. Date: November 2 , 2023 Richmond, Virginia /s/ s// Roderick C. Young United States District Judge Dockets.Justia.com
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