Etterson v. Boakye et al
Filing
11
MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr on 6/18/15. Copy sent: Yes (tdai, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
VICTOR M. ETTERSON,
Plaintiff,
V.
Civil Action No. 3:14CV592
E, BOAKYE,etaL,
Defendants.
MEMORANDUM OPINION
Plaintiff, a Virginia inmate proceeding pro se, 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
lawof 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 fails to
provide each defendant with fair notice ofthe facts and legal basis upon which his or her liability
rests and failed to comply with the joinder requirements in Federal Rules of Civil Procedure
18(a) and 20. Accordingly, by Memorandum Order entered on May 19, 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 May 19, 2015
Memorandum Order. Plaintiff failed to submit a particularized complaint or otherwise respond
to the May 19, 2015 Memorandum Order. Accordingly, the action will be DISMISSED
WITHOUT PREJUDICE.
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