King v. Smith et al

Filing 43

MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 01/27/2014. Copy mailed to Plaintiff. (walk, )

XI
IN THE UNITED STATES DISTRICT COURT

JAN 2 8 2014

FOR THE EASTERN DISTRICT OF VIRGINIA

Richmond Division

CLERK, U.S. L>~i^ofcoURT
RICHMOND VA
T

JOE EDMOND KING,

Plaintiff,
Civil Action No.

v.

DAN SMITH,

3:12CV12

et al.,

Defendants.
MEMORANDUM OPINION

Joe

Edmond

King,

a

Virginia

detainee

currently

in

the

custody of the Department of Behavioral Health and Developmental

Services

("DBHDS"),

proceeding

pro

se

filed this 42 U.S.C. § 19831 complaint.
Court

on

Defendant

notice.

Baliles

Baliles

No. 15.)

Ramona

provided

King

(ECF No.

17.)

and

in

forma

pauperis,

The matter is before the
Motion

with

to

Dismiss.

appropriate

King has responded.

(ECF

Roseboro2

For the reasons set

forth below, the Court will grant Baliles's Motion to Dismiss.

1 That statute provides, in pertinent part:
...

Every person who, under color of any statute
of any State . . . subjects, or causes to be

subjected, any citizen of the United States
person
within
the
jurisdiction
thereof

deprivation of any rights,

privileges,

or other
to
the

or immunities

secured by the Constitution and laws, shall be liable
to the party injured in an action at law ....
42 U.S.C.

§

1983.

2 Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975).