Brevard v. Nurse Desouza, No. 3:2019cv00026 - Document 17 (E.D. Va. 2019)
Court Description: MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr on 08/26/2019. Copy mailed to plaintiff.(tjoh, )
Download PDF
<![CDATA[
Brevard v. Nurse Desouza Doc. 17 nr IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division 272019 P; TEVINJ.BREVARD, Plaintiff, V. Civil Action No.3:19CV26 NURSE DESOUZA, Defendant. MEMORANDUM OPINION Plaintiff, a federal 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. See Dowe v. Total Action Against Poverty in Roanoke Valley, 145 F.3d 653,658(4th Cir. 1998)(citing 42 U.S.C. § 1983). By Memorandum Order entered on May 23, 2019, the Court directed Plaintiff to file a particularized complaint within fourteen(14)days ofthe date ofentry thereof. The Court warned Plaintiffthat the failure to submit the particularized complaint would result in the dismissal ofthe action. By Memorandum Order entered on June 17,2019,the Court granted Plaintiff an extension ofthirty(30)days in which to file a particularized complaint. On July 9,2019,the Court received a second request for an unspecified extension of time. (ECF No. 15.) Plaintiff indicated that he had not been allowed to go to the law library. {Id. at 1.) Plaintifffailed to explain why he required the law library to file a particularized complaint other than noting that he needed to use the typewriter. {Id.) The Court explained that Plaintiff may hand write his particularized complaint. Nevertheless,the Court granted Plaintiff a second extension oftime ofthirty(30)days in which to file a particularized complaint. The Court explained that no further extensions would be provided. Dockets.Justia.com More than thirty(30)days have elapsed since the entry ofthe July 10,2019 Memorandum Order. Plaintiff failed to submit a particularized complaint or otherwise respond to the July 10, 2019 Memorandum Order. Accordingly, the action will be DISMISSED WITHOUT PREJUDICE. An appropriate order will accompany this Memorandum Opinion. Date: 2.6 Richmond, Virginia ^ John A. Gibney,Jr. United States Districf Ji
]]>
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.
