Oberlander v. McGinty et al, No. 3:2017cv00265 - Document 5 (E.D. Va. 2017)

Court Description: MEMORANDUM OPINION. See Opinion for complete details. Signed by District Judge Henry E. Hudson on 08/15/2017. Copy mailed to Plaintiff as directed.(ccol, )
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Oberlander v. McGinty et al Doc. 5 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Lk—IS—, Richmond Division SCOTT ANTHONY OBERLANDER, AUG I 6 20IT riFRK US. DiS clerk. owUBT Plaintiff, Civil Action No. 3:17CV265-HEH V. MICHAEL E. McGINTY, et aL, Defendants. MEMORANDUM OPINION (Dismissing Action Without Prejudice) Plaintiff, a Virginia inmate proceeding pro se 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. SeeDowe v. Total Action Against Poverty in Roanoke Valley, 145 F.3d 653, 658 (4th Cir. 1998) (citing 42 U.S.C. § 1983). In his current complaint, Plaintiff 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 July 13, 2017, the Court directed Plaintiffto submit a particularized complaint within fourteen (14) days of the date of entry thereof. The Court warned Plaintiffthat 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 July 13, 2017 Memorandum Order. Plaintiff failed to submit a particularized complaint or otherwise Dockets.Justia.com responded to the July 13, 2017 Memorandum Order. Accordingly, the action will be dismissed without prejudice. An appropriate order will accompany this Memorandum Opinion. /./ ^ Date:iiy§J^S^ Richmond, Virginia HENRY E. HUDSON UNITED STATES DISTRICT JUDGE