Walker v. Investigator, No. 3:2019cv00346 - Document 16 (E.D. Va. 2019)

Court Description: MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 12/18/2019. Copy mailed to Plaintiff. (tjoh, )

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Walker v. Investigator Doc. 16 IN THE UNITED STATES DISTRICT COURT DEC I 8 2019 FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division aERK,UjS. DISTRICT COURT VINCENT EUGENE WALKER, Plaintiff, Civil Action No. V. 3:19CV346 INVESTIGATOR, Defendant. MEMORANDUM OPINION Vincent Eugene Walker, a Virginia inmate proceeding pro se and dm 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, Walker does not identify the constitutional particular right that was violated by the defendant's conduct and his terse and conclusory allegations also fail to provide the defendant with fair notice of the facts and legal basis upon which his or her liability rests. by Memorandum directed Order Walker to entered submit on a November 15, particularized fourteen (14) days of the date of entry thereof. Accordingly, 2019, the complaint Court within The Court warned Dockets.Justia.com Walker that the failure to submit the particularized complaint would result in the dismissal of the action. More than fourteen (14) days have elapsed since the entry of the Walker Memorandum Order. Walker failed to submit a particularized complaint or otherwise respond to the November 15, 2019 Memorandum Order. Accordingly, the action will be dismissed without prejudice. The Clerk is directed to send a copy of this Memorandum Opinion to Walker. /s/ Robert E. Payne Date: December_[n 2019 Richmond, Virginia Senior United States District Judge

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