Jack v. Chapman et al, No. 3:2014cv00390 - Document 9 (E.D. Va. 2015)
Court Description: MEMORANDUM OPINION. Signed by District Judge James R. Spencer on 4/17/15. Copy sent: Yes (tdai, )
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Jack v. Chapman et al Doc. 9 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division JAMES L. JACK, Plaintiff, v- Civil Action No. 3:14CV390 MICHAEL L. CHAPMAN, 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 under color of state law deprived him or her of a constitutional right orof 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). Plaintiffs current allegations fail to provide each defendant with fair notice of the facts and legal basis upon which his orher 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 March 25, 2015, the Court directed Plaintiff to submit a particularized complaint within fourteen (14) days of the date of entry thereof. The Court warned Plaintiff that 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 March 25, 2015 Memorandum Order. Plaintifffailed to submit a particularized complaint or otherwise Dockets.Justia.com respond to the March 25, 2015 Memorandum Order. Accordingly, the action will be dismissed without prejudice. An appropriate order will accompany this Memorandum Opinion. Date: f-ft-fS Richmond, Virginia Is! James R. Spencer Senior U. S. District Judge
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