Williams v. Hearn et al

Filing 8

MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr on 05/14/14. (kyou, )(copy mailed to Pro Se party)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

PERCELL WILLIAMS,

/

Plaintiff,
Civil Action No. 3:13CV139

v.

NURSEHEARN,e/a/.,
Defendants.

MEMORANDUM OPINION

Plaintiff, a former Virginia inmate proceedingpro 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
allegethat 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
defendants' conduct. Accordingly, by Memorandum Order entered on March 21, 2014, the
Court directed Plaintiff to submit a particularized complaint within fourteen (14) 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 fourteen (14) days have elapsed since the entry of the March 21, 2014
Memorandum Order.

Plaintiff failed to submit a particularized complaint or otherwise respond

to the March 21, 2014 Memorandum Order. Accordingly, the action will be dismissed without
prejudice.
An appropriate order will accompany this Memorandum Opinion.

Date: ^//y//^
Richmond, Virgpna

/s/

John A. Gibney, Jjp
United States District/udge