Briley v. Copeland, No. 3:2022cv00676 - Document 8 (E.D. Va. 2023)

Court Description: MEMORANDUM OPINION. Signed by District Judge Roderick C. Young on 4/17/2023. (Copy mailed to plaintiff) (smej, )

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Briley v. Copeland Doc. 8 Case 3:22-cv-00676-RCY-MRC Document 8 Filed 04/17/23 Page 1 of 2 PageID# 24 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division CURVONTE BRILEY, Plaintiff, v. Civil Action No. 3:22CV676 (RCY) INVESTIGATOR COPELAND, Defendant. MEMORANDUM OPINION Plaintiff, a Virginia 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). In his current Complaint, Plaintiff does not identify the particular constitutional right that was violated by the defendant’s conduct. Plaintiff’s current allegations also fail to provide the defendant with fair notice of the 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)). Accordingly, by Memorandum Order entered on March 8, 2023, the Court directed Plaintiff to submit a particularized complaint within thirty (30) days of the date of entry thereof. The Court warned Plaintiff that the failure to submit the particularized complaint would result in the dismissal of the action. More than thirty (30) days have elapsed since the entry of the March 8, 2023 Memorandum Order. Plaintiff failed to submit a particularized complaint or otherwise respond to the March 8, Dockets.Justia.com Case 3:22-cv-00676-RCY-MRC Document 8 Filed 04/17/23 Page 2 of 2 PageID# 25 2023 Memorandum Order. Accordingly, the action will be DISMISSED WITHOUT PREJUDICE. An appropriate Final Order will accompany this Memorandum Opinion. /s/ Roderick C. Young United States District Judge Date: April 17, 2023 Richmond, Virginia 2

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