Welty, Jr. v. Ritter et al, No. 3:2019cv00481 - Document 12 (E.D. Va. 2020)
Court Description: MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr. on 3/6/2020. Copy to Plaintiff as directed. (jsmi, )
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Welty, Jr. v. Ritter et al Doc. 12 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division JERRY WELTY,JR., Plaintiff, y Civil Action No.3:19CV481 DERRICK RITTER,et al.. Defendants. 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). In his current Complaint, Plaintiff fails to provide the defendants with fair notice offacts and law upon which their liability rests. Accordingly, by Memorandum Order entered on January 14, 2020, 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 a particularized complaint would result in the dismissal ofthe action. More than fourteen (14) days have elapsed since the entry of the January 14, 2020 Memorandum Order. Plaintifffailed to submit a particularized complaint or otherwise respond to the January 14, 2020 Memorandum Order. Accordingly, the action will be DISMISSED WITHOUT PREJUDICE. An appropriate order will accompany this Memorandum Opinion. Date;^ 1Q Richmond, Virginia JohnA.Gibney,Jr. United States District Judg^ Dockets.Justia.com
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