Daniels v. Cheatham, No. 3:2019cv00027 - Document 13 (E.D. Va. 2019)
Court Description: MEMORANDUM OPINION. Signed by District Judge M. Hannah Lauck on 10/25/2019. Copy mailed to plaintiff. (tjoh, )
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Daniels v. Cheatham Doc. 13 OCT 252019 y IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division ANTHONY DERRICK DANIELS, Plaintiff, V. Civil Action No.3:19CV27 JESSICA MARIE JAMES CHEATHAM, Defendant. MEMORANDUM OPINION 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 imder 42 U.S.C. § 1983, a plaintiff must allege that a person acting imder color of state law deprived him or her ofa constitutional right or of a right conferred by a law ofthe 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,Plaintiff did not provide the defendant fair notice ofthe facts and legal basis upon which her liability rests. Accordingly, by Memorandum Order entered on September 24,2019, the Court directed Plaintiffto submit a particularized complaint within fourteen(14)days ofthe date ofentry thereof. The Court warned Plaintiff that the failure to submit the particularized complaint would result in the dismissal ofthe action. More than fourteen(14) days have elapsed since the entry ofthe September 24,2019 Memorandum Order. Plaintifffailed to submit a particularized complaint or otherwise respond to the September 24,2019 Memorandum Order. Accordingly,the action will be dismissed without prejudice. M. Hannah LI • — t •* United States District Judge Date: OCT 2 5 2019 Richmond, Virginia Dockets.Justia.com
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