Etterson v. Commonwealth of Virginia et al
Filing
14
MEMORANDUM OPINION. See Opinion for details. Signed by District Judge John A. Gibney, Jr., on 07/30/2015. (ccol, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
VICTOR ETTERSON,
Plaintiff,
Civil Action No. 3:14CV515
v.
COMMONWEALTH OF VIRGINIA, et aL,
Defendants.
MEMORANDUM OPINION
Plaintiff, a former inmate proceeding pro se and in forma 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 allege
that 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). Plaintiffs current
allegations fail to provide each defendant with fair notice of the facts and legal basis upon which
his or her liability rests. See Bell Atl Corp. v. Twombly, 550 U.S. 544, 555 (2007) (quoting
Conley v. Gibson, 355 U.S. 41, 47 (1957)). Accordingly, by Memorandum Order entered on
April 6, 2015 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 April 6, 2015
Memorandum Order. Plaintiff failed to submit a particularized complaint or otherwise respond
to the April 6, 2015 Memorandum Order. Accordingly, the action will be dismissed without
prejudice.
An appropriate order will accompany this Memorandum Opinion.
/s/
Date: ^I*k
John A. Gibney,
Richmond, Virginia
United States District'Judge
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