Carter v. Clarke et al, No. 3:2015cv00141 - Document 12 (E.D. Va. 2015)
Court Description: MEMORANDUM OPINION. See Memorandum for details. Signed by District Judge John A. Gibney, Jr. on 11/30/2015. (sbea, )
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Carter v. Clarke et al Doc. 12 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richnioiul Division MARK A. CARTER, Plainliff, V. Civil Action No. 3:I5CV141 HAROLD W. CLARKE, ut al.. Defendants. MEMORANDUM OPINION Plaintiff, a former Virginia inmate proceeding pro se and informa pcmperis, filed this 42 U.S.C. § 1983 action. In order to state a viable claim under 42 U.S.C. § 1983, a plainlilT must allege that a person acting under color of slate law deprived him or her of a constitutional right or of a right conferred by a law of the United States. Sec Dowe v. Total Action Against Poverty in Roanoke Valley, 145 F.3d 653. 658 {4th Cir. 1998) (citing 42 U.S.C. § 1983). Plainliffs current complaint failed to provide each defendant with fair notice of facts and legal basis upon which his or her liability rests. .Accordingly, by Memorandum Order entered on October 29. 2015, the Court direcied Plaintiff to submit a particularized complaint within fourteen (14) days of the date of entry thereof The Court warned Plaintiff that the failure lo submit the particularized complaint would result in the dismissal of the action. More than fourteen (14) days have elapsed sitice the entry of the October 29, 2015 Memorandum Order. Plaintiff failed lo submit a particularized complaini or otherwise respond to the October 29, 2015 Memorandum Order. Accordingly, the action will be dismissed without prejudice. An appropriate order will accompany this Memorandum Opinion. !??'!•• ''hfj- y Richmond, V.itmm John A. Gibney, , , Dockets.Justia.com
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