McBride v. Commonwealth of Virginia

Filing 24

MEMORANDUM OPINION. Signed by District Judge James R. Spencer on 3/24/2015. Copy mailed to Pro Se Plaintiff. (jsmi, )

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

JOHN DAVID MCBRIDE,

Plaintiff,

V.

Civil Action No. 3:13CV855

COMMONWEALTH OF VIRGINIA,
Defendant.

MEMORANDUM OPINION

Plaintiff, a former Virginia inmate proceeding pro se and informa pauperis, filed this
action, which failed to comply withFederal Rule of Civil Procedure 8(a). That Rule provides:

(a) Claim for Relief. A pleading that states a claim for reliefmust contain;
(1) a shortand plain statement of the grounds for the court's jurisdiction,
unless the court already has jurisdiction and the claim needs no new
jurisdictional support;

(2) a short and plain statement of the claim showing that the pleader is
entitled to relief; and

(3) a demand for the relief sought, whichmay include relief in the
alternative or different types of relief.

Fed. R. Civ. P. 8(a). Plaintiffs initial pleading in this matteris titled "Motion for orderof

Restraint" ("Motion for Restraint," ECF No. 1). In thatpleading. Plaintiff complained thatthe
Commonwealth of Virginia "has no legal grounds or valid cause to burden" his freedom. (Mot.
Restraint 1.) Plaintifffailed to provide "a short and plainstatement of the grounds for the court's

jurisdiction" and failed to provide "a short and plain statement of [his] claim." Fed. R. Civ. P.
8(a)(1) & (2). Accordingly, by Memorandum Orderentered on January 13, 2015, the Court
directed Plaintiff, within fifteen (15) days of the date of entry thereof, to file an initial pleading

that complies with Federal Rule of Civil Procedure 8(a). The Court warned Plaintiff that failure
to comply withthe above directive would result in dismissal of the action. See Fed. R. Civ. P.
41(b).

On January 27, 2015, and again on February 13, 2015, the Court received letters from
Plaintiff wherein he continued to complain about the circumstances and the fact of his

incarceration. Plaintiff has made no effort to comply with the January 13, 2015 Memorandum
Order. Accordingly, the action will be DISMISSED WITHOUT PREJUDICE. The Clerk will
be DIRECTED to supply Plaintiff with the forms for filing an action under 42 U.S.C. § 1983 or a
petition under 28 U.S.C. § 2254.

An appropriate order will accompany this Memorandum Opinion.

Is!

James R. Spencer
Senior U. S. District Judge