Dunston v. Differ et al, No. 3:2014cv00823 - Document 12 (E.D. Va. 2015)

Court Description: MEMORANDUM OPINION. Signed by District Judge James R. Spencer on 11/10/2015. Copy of Memorandum Opinion mailed to pro se Plaintiff. (nbrow, )

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Dunston v. Differ et al Doc. 12 j-- IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division f • '1 11 -=-0 --- ·: - NOV I 0 2015 f --, I \I 1 1 ll!JJ CLERK, U.S. DISTRICT COURT RICHMOND. VA DE' ANDRE DUNSTON, Plaintiff, v. Civil Action No. 3:14CV823 CORRECTION OFFICER DIFFER, et al., Defendants. MEMORANDUM OPINION Plaintiff, a Virginia inmate proceeding prose 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 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 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 October 12, 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 October 12, 2015 Memorandum Order. Plaintiff failed to submit a particularized complaint or otherwise respond to the October 2, 2015 Memorandum Order. Accordingly, the action will be DISMISSED WITHOUT PREJUDICE. An appropriate order will accompany this Memorandum Opinion. ,_'Y Date: 1/-IO Richmond, Virginia Isl ..James R. Spencer Senior U. S. District Judge Dockets.Justia.com

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