Peay v. Riverside Regional Jail et al, No. 3:2019cv00307 - Document 11 (E.D. Va. 2019)
Court Description: MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr on 10/29/2019. Copy mailed to plaintiff. (tjoh, )
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Peay v. Riverside Regional Jail et al Doc. 11 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division ELVIN ROBERT PEAY, Plaintiff, V. Civil Action No.3:19CV307 RIVERSIDE REGIONAL JAIL,et aL, Defendants. MEMORANDUM OPINION Plaintiff, a federal 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). Plaintiffs current Complaint failed to provide the defendants with fair notice ofthe facts and legal basis upon which his or her liability rests. Accordingly,by Memorandum Order entered on October 9,2019,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 of the October 9, 2019 Memorandum Order. Plaintifffailed to submit a particularized complaint or otherwise respond to the October 9, 2019 Memorandum Order. Accordingly, the action will be dismissed without prejudice. An appropriate order will accompany this Memorandum Opinion. Date: 2.^ 2£>\9 Richmond, Virginia John A. Gibney, Jr. United States District Judfee Dockets.Justia.com
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