Elliott v. Higgs et al, No. 3:2016cv00004 - Document 12 (E.D. Va. 2016)
Court Description: MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 10/17/2016. Copy mailed to Plaintiff. (walk, )
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Elliott v. Higgs et al Doc. 12 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division 1:1' I 8 2DIS CLERK, U.S. DISTRICT COURT RICHMOND, VA STEPHEN B. ELLIOTT, Plaintiff, v. Civil Action No. 3:16CV04 JOSEPH HIGGS, JR., et al., Defendants. MEMORANDUM OPINION Stephen B. Elliott, a Virginia inmate proceeding pro se and in forma 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 See Dowe v. a law of the United States. Poverty in Roanoke Valley, {citing 4 2 u . S . c . § 145 F.3d 653, Total Action Against 658 {4th Cir. In his current Complaint, 19 8 3 ) . 1998) Elliott fails to provide each defendant with fair notice of the facts and legal basis upon which his or her liability rests. Elliott also does not identify the particular constitutional right that was violated by the defendants' Memorandum Order directed Elliott fourteen ( 14) warned Elliott entered to days that on submit of a conduct. September 14, 2016, particularized the date of the Accordingly, failure complaint entry thereof. to submit the the by Court within The Court particularized complaint would result in the dismissal of the action. Dockets.Justia.com More than fourteen of the September 14, submit a ( 14) days have elapsed since the entry 2016 Memorandum Order. Elliott failed to particularized complaint or otherwise respond to the September 14, 2016 Memorandum Order. Accordingly, the action will be dismissed without prejudice. The Clerk is directed to send a copy of this Memorandum Opinion to Elliott. /s/ Date: J7,")L:>j6 Richmond, Virginia g£{) Robert E. Payne Senior United States District Judge 2
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