Gelardos v. Ohai et al

Filing 22

MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 12/12/11. Copy sent: Yes(tdai, )

IN THE UNITED
FOR THE

STATES DISTRICT COURT

EASTERN DISTRICT OF VIRGINIA
Richmond Division

MARINOS N.

GELARDOS,

Plaintiff,
v.

Civil Action No.

PAUL OHAI,

3:10CV779

et al.,

Defendants.

MEMORANDUM OPINION

Marinos N. Gelardos,

in

forma

pauperis,

allegations

in

a Virginia inmate proceeding pro se and

filed

this

Gelardos's

42

U.S.C.

complaint

§

1983

failed

action.

to

The

provide

each

defendant with fair notice of the facts and legal basis upon which
his or her liability rests.
U.S.

544,

(1957));

555

(2007)

Potter

v.

See Bell Atl.

Corp.

(quoting Conley v. Gibson,
Clark,

497

F.2d

1206,

1207

v. Twombly,
355 U.S.
(7th

41,

Cir.

550
47

1974)

("Where a complaint alleges no specific act or conduct on the part
of the defendant and the complaint is silent as to the defendant
except for his name appearing in the caption,

the

complaint

is

properly dismissed, even under the liberal construction to be given

pro se complaints."

(citing Brzozowski v.

306,

1968))).

312

(E.D.

Pa.

entered on September 15,

Accordingly,

Randall,

281 F.

Supp.

by Memorandum Order

2011, the Court directed Gelardos, within

twenty-one (21) days of the date of entry thereof, to particularize
his complaint in conformance with the Court's instructions.

The

Court

warned

Gelardos

that

the

failure

to

comply

with

the

directives of the September 15, 2011 Memorandum Order would result
in the dismissal of the action.

See Fed.

R.

Civ.

P.

41(b).

More than twenty-one (21) days have elapsed since the entry of
the

September

responded.

15,

2011

Memorandum

Order

and

Gelardos

has

not

Such actions demonstrate a wilful failure to prosecute.

Accordingly,

the action will be DISMISSED WITHOUT PREJUDICE.

The Clerk is directed to mail a copy of the Memorandum Opinion
to Gelardos.

It

is so ORDERED.

Is/

Jl£l_

Robert E. Payne

Senior United States District Judge
Richmond, Virginia

Date:_4Lcc**-*£*^&y W'