Martin v. Conmed Healthcare Management, Inc. et al, No. 3:2014cv00846 - Document 8 (E.D. Va. 2015)
Court Description: MEMORANDUM OPINION. Signed by District Judge James R. Spencer on 10/05/2015. Copy mailed to plaintiff.(tjoh, )
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Martin v. Conmed Healthcare Management, Inc. et al Doc. 8 • -1 IN THE UNITED STATES DISTRICT COURT orv - 5 FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division JOHN TUCKER MARTIN, Plaintiff, V. Civil Action No. 3:14CV846 CONMED HEALTHCARE MANAGEMENT, INC., eta/.. Defendants. MEMORANDUM OPINION Plaintiff, a former 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 allegethat 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, Plaintiffs rambling allegations fail 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 14, 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 September 14, 2015 Memorandum Order. Plaintiff failed to submit a particularized complaint or otherwise responded to the September 14, 2015 Memorandum Order, Accordingly, the action will be dismissed without prejudice. An appropriate order will accompany this Memorandum Opinion. Date: ' S"' (5 Richmond, Virginia /s/ James R. Spencer S_ Dockets.Justia.com
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