Mitchell v. Medical Staff et al, No. 3:2016cv00111 - Document 9 (E.D. Va. 2016)
Court Description: MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 11/9/2016. Copy mailed to Pro Se Plaintiff. (jsmi, )
Download PDF
<![CDATA[
Mitchell v. Medical Staff et al Doc. 9 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division DARNELL MITCHELL, Plaintiff, V. Civil Action No. MEDICAL STAFF, ^ 3:16CV111 al., Defendants. MEMORANDUM OPINION Darnell Mitchell, a Virginia inmate proceeding pro se and in forma pauperis, filed this 42 U.S.C. § 1983 action. to state a viable claim under 42 U.S.C. In order § 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. Poverty in Roanoke Valley, (citing 42 U.S.C. § 1983). S^ Dowe v. Total Action Against 145 F.3d 653, 658 {4th Cir. 1998) In his current Complaint, Mitchell fails to provide the defendants with fair notice of the facts and legal basis upon which his or her liability rests. Accordingly, by Memorandum Order entered on September 14, 2016, the Court directed Mitchell to submit a particularized complaint within fourteen Court warned (14) days of the date of entry thereof. Mitchell that the failure to submit The the particularized complaint would result in the dismissal of the action. Dockets.Justia.com More than fourteen (14) days have elapsed since the entry of the September 14, 2016 Memorandum Order. submit a particularized complaint or Mitchell failed to otherwise respond. Accordingly, the action will be dismissed without prejudice. The Clerk is directed to send a copy of this Memorandum Opinion to Mitchell. /s/ ii ^ Date: Richmond, Virginia Robert E. Payne Senior United States District Judge
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
