Taylor, Jr v. Clark et al, No. 3:2017cv00447 - Document 18 (E.D. Va. 2018)

Court Description: MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 05/08/2018. Copy mailed to plaintiff. (tjoh, )

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Taylor, Jr v. Clark et al Doc. 18 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division ARTHUR TAYLOR, JR., CLERK, U^S^D^trict COURT Plaintiff, V. Civil Action No. 3:17CV447 HAROLD CLARK, ^ al., Defendants. MEMORANDUM OPINION Arthur Taylor, Jr., 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 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 his current Complaint, Taylor failed to provide each defendant with fair notice of the facts and legal basis upon which his or her liability rests. Accordingly, by Memorandum Order entered on February 26, 2018, the Court directed Taylor to submit a particularized complaint within fourteen (14) days of the date of entry thereof. The Court the warned Taylor that the failure to submit particularized complaint would result in the dismissal of the action. Dockets.Justia.com Thereafter, on March 20, 2018, the Court granted Taylor a forty-five (45) complaint. extension of time to file a particularized More than forty-five (45) days have elapsed since the entry of the March 20, 2018 Memorandum Order and Taylor has not filed a particularized complaint. Accordingly, the action will be dismissed without prejudice. The Clerk is directed to send a copy of this Memorandum Opinion to Taylor. /s/ Date: y\/l A if' /s jcA 1^1 2^iVi Richmond, Virginia Robert E. Payne Senior United States District Judge

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