Prasad v. Chesterfield Village Apts et al, No. 3:2016cv00898 - Document 13 (E.D. Va. 2017)

Court Description: MEMORANDUM OPINION. See Opinion for complete details. Signed by District Judge M. Hannah Lauck on 06/09/2017. Copy of mailed to Plaintiff as directed.(ccol, )
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Prasad v. Chesterfield Village Apts et al Doc. 13 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division - 9 20!7 CtEnr< 'J SUNDARI KARMA PRASAD, + i :::r1 1·,•,r:·,; F_-1, VA Plaintiff, v. Civil Action No. 3:16CV898 CHESTERFIELD VILLAGE APTS, et al., Defendants. MEMORANDUM OPINION Plaintiff, a Virginia inmate proceeding prose 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 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. 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 her current Complaint, Plaintiff does not identify the particular constitutional right that was violated by the defendants' conduct. Plaintiffs current allegations also fail to provide each defendant with fair notice of the facts and legal basis upon which his or her liability rests. See Bell At!. Corp. v. Twombly, 550 U.S. 544, 555 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47 (1957)). In addition, Plaintiffs Complaint also fails to comply with Federal Rule of Civil Procedure 8(a). Accordingly, by Memorandum Order entered on May 11, 2017, 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 May 11, 2017 Memorandum Order. Plaintiff failed to submit a particularized complaint or otherwise respond to the May 11, 2017 Memorandum Order. Accordingly, the action will be DISMISSED WITHOUT PREJUDICE. An appropriate order will accompany this Memorandum Opinion. O9 20'1 Date: Richmona, Virginia 2