Coates v. Mr. Nwaokecha et al, No. 3:2019cv00146 - Document 11 (E.D. Va. 2019)
Court Description: MEMORANDUM OPINION. Signed by District Judge M. Hannah Lauck on 10/21/2019. Copy mailed to plaintiff. (tjoh, )
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Coates v. Mr. Nwaokecha et al Doc. 11 0 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division L II ocr 2 I 2019 y CURK,^^, DISTRICT COURT ICHMOND. VA GERALD M.COATES, Plaintiff, Civil Action No.3:19CV146 V. MR.NWAOKOCHA,et aL, Defendants. 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 under 42 U.S.C. § 1983,a plaintiff must allege that a person acting under color ofstate law deprived him or her of a 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). Plaintiffs current allegations failed to provide each defendant with fair notice ofthe facts and legal basis upon which his or her liability rests. See Bell Atl Corp. v. Twombly,550 U.S. 544,555(2007) (quoting Conley v. Gibson,355 U.S.41,47(1957)). Plaintiff also did not identify the particular constitutional right that the defendants violated through their conduct. Accordingly, by Memorandum Order entered on September 26,2019,the Court directed Plaintiffto submit 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. More than fourteen(14) days have elapsed since the entry ofthe September 26,2019 Memorandum Order. Plaintiff failed to submit a particularized complaint or otherwise respond Dockets.Justia.com to September 26,2019 Memorandum Order. Accordingly, the action will be DISMISSED WITHOUT PREJUDICE. An appropriate order will accompany this Memorandum Opinion. It M.Haimah Laucl United States DiArict Jbdge Date: OCT 2 1 2019 Richmond, Virginia
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