McBride v. Commonwealth of Virginia et al

Filing 20

MEMORANDUM OPINION. Signed by District Judge James R. Spencer on 06/11/2015. Copy mailed to pro se plaintiff.(tjoh, )

JUN

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

CLERK, U.S DISTRICT COURT
RICHMOND, VA

JOHN DAVID McBRIDE,

Plaintiff,
V.

Civil Action No. 3:14CV497

COMMONWEALTH OF VIRGINIA, et aL,
Defendants.

MEMORANDUM OPINION

Plaintiff, a former Virginia inmate proceeding pro se and informa pauperis, filed this
action. Plaintiffs Complaint fails to comply with Federal Rule of Civil Procedure 8(a) in that it
fails to contain a "short and plain statement of the grounds for the court's jurisdiction" and fails

to provide "a short and plain statement of [his] claim." Fed. R. Civ. P. 8(a)(1) & (2).
Accordingly, by Memorandum Orderentered on March 16, 2015, the Court directed Plaintiff,
within fourteen (14) days of the date of entry thereof, to file a particularized complaint. The

Court provided specific instructions with respect to the filing of a particularized complaint,
including labelling the document as a particularized complaint. The Court warned Plaintiffthat
the failure to file a particularized complaint would result in the dismissal of the action. See Fed.
R. Civ. P. 41(b).

On April 6, 2015, Plaintiff moved for an extension of time to comply with the March 16,

2015 Memorandum Order.' By Memorandum Order entered onApril 27, 2015, the Court
granted Plaintiff an extension of fifteen (15) days from the date of entry thereof to submit a

' On April 22, 2015, Plaintiff submitted a document to the Court. The document is not
labeled as a particularized complaint, fails to provide a short plain statement of the Court's
jurisdiction, and otherwise fails to comply with the Court's instructions for filing a particularized
complaint. {See ECF No. 18.)

particularized complaint. More than fifteen (15) days have elapsed since the entry of the April
27, 2015 Memorandum Order and Plaintiffhas not filed a particularized complaint.
Accordingly, the action will be DISMISSED WITHOUT PREJUDICE.

An appropriate Order will accompany this Memorandum Opinion.
/s/
Date:

Richmond, Virginia

James R. Spencer
Senior U. S. District Judge