Allen v. McAuliffe et al, No. 3:2015cv00673 - Document 13 (E.D. Va. 2016)
Court Description: MEMORANDUM OPINION. See Opinion for details. Signed by District Judge M. Hannah Lauck on 12/3/2016. Copy mailed to Pro Se Plaintiff.(ccol, )
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Allen v. McAuliffe et al Doc. 13 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division DEC JODY MICHAEL ALLEN, JR., T)1o5«t;fF Plaintlll, 2 2016 clerk,RICHMOND. VA U.S. DiSTfliCfCOURT V, Civil Action No. 3:15CV673 TERRY McAULIFFE, et aL, Defendants. MEMORANDUM OPINION Plaintiff, a Virginia inmate proceedingpro se and informapauperis, filed this 42 U.S.C. § 1983 action. Inorder to state a viable claim under 42 U.S.C. § 1983, a plaintiffmust allege that a person acting under color ofstate law deprived him orher ofa constitutional right orofa right conferred by a lawof theUnited States. See Dowe v. Total Action Against Poverty in Roanoke Valley, 145 F.3d653,658 (4thCir. 1998) (citing 42 U.S.C. § 1983). In his current Complaint, Plaintifffailed to provide each defendant with fair notice of the facts and legal basis upon which hisor her liability rests. Accordingly, by Memorandum Order entered onSeptember 26,2016, the Courtdirected Plaintiffto submit a particularized complaint within fourteen (14) days of thedate of entry thereof The Court warned Plaintiff that the failure to submit the particularized complaint wouldresult in the dismissal of the action. Morethan fourteen (14) days have elapsed sincethe entry of the September 26,2016 Memorandum Order. Plaintiff failed to submit a particularized complaint or otherwise responded to the September 26,2016 Memorandum Order, Accordingly, the action will be DISMISSED WITHOUT PREJUDICE. An appropriate order will accompany this Memorandum Opinion. M. Hannah 1 oniC Date; DtL 0 2 2015 United States District Judge Richmond, Virginia Dockets.Justia.com
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