Benitez-Giron v. Myer et al, No. 3:2019cv00617 - Document 11 (E.D. Va. 2020)

Court Description: MEMORANDUM OPINION (Dismissing Action Without Prejudice). See Opinion for details. Signed by Senior United States District Judge Henry E. Hudson on 2/28/2020. (sbea, )

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Benitez-Giron v. Myer et al Doc. 11 IN THE UNITED ST ATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division GEOVANNI BENITEZ-GIRON, Plaintiff, V. THOMAS MYER, et al., Defendants. ) ) ) ) ) ) ) ) ) FEB 2 8 2020 1 jJ .'·f.F\\ ' II CLERK, U.S. DISTRICT COURT RICHMOND, VA Civil Action No. 3:19CV617-HEH MEMORANDUM OPINION (Dismissing Action Without Prejudice) Plainti ff, a Virginia inmate proceeding pro se and in form a pauper is, 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 fails to provide the defendants with fair notice of the facts and law upon which their liability is based. Accordingly, by Memorandum Order entered on January 14, 2020, the Court directed Plaintiff to submit t,t particularized complaint within fourteen ( 14) days of the date of entry thereof. The Court warned Plaintiff that the fe;lilure 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 January 14, 2020 Memorandum Order. Plaintiff failed to submit a particularized complaint or otherwise Dockets.Justia.com respond to the January 14, 2020 Memorandum Order. Accordingly, the action will be dismissed without prejudice. An appropriate order will accompany this Memorandum Opinion. Isl Date: l-.\:.,i 112.oz.o Richmond, Virginia HENRY E. HUDSON SENIOR UNITED STATES DISTRICT JUDGE 2

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