Smith v. Johnson et al, No. 3:2013cv00458 - Document 12 (E.D. Va. 2014)
Court Description: MEMORANDUM OPINION Signed by District Judge James R. Spencer on 10/22/2014. Copy sent: yes. (sbea, )
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Smith v. Johnson et al Doc. 12 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division RALPH M. SMITH, Plaintiff, V. Civil Action No. 3:13CV458 MRS. JOHNSON, e/fl/., Defendants. MEMORANDUM OPINION Plaintiff, a Virginia inmate proceeding pro se and informa pauperis, filed this42 U.S.C. § 1983 action. Inorder 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 herof a constitutional right or of a right conferred by a lawof 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 hiscurrent Complaint, Plaintiff fails 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 September 22,2014, the Court directed Plaintiffto submit a particularized complaintwithin fourteen (14) days of the date of entry thereof The Court warned Plaintiffthat the failure to submit the particularized complaint would result in the dismissal of the action. More than fourteen (14) days have elapsed since the entry of the September 22,2014 Memorandum Order. Plaintiff failed to submit a particularized complaint or otherwise respond to the Memorandum Order. Accordingly, the action will be DISMISSED WITHOUT PREJUDICE. An appropriate order will accompany this Memorandum Opinion. Is! Date: /o- 9-"^ James R. Spencer Richmond, Virginia Senior U. S. District .InHoe Dockets.Justia.com
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