Gregory v. Stolle et al

Filing 12

MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 08/25/2015. Copy mailed to plaintiff on 8/25/2015.(tjoh, )

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IN THE UNITED STATES DISTRICT COURT

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AUG 2 5 2015

FOR THE EASTERN DISTRICT OF VIRGINIA

Richmond Division
CLERK, U.S. DISTRICT COURT
RICHMOND, VA

CHRISTOPHER GREGORY,

Plaintiff,
Civil Action No.

V.

KEN STOLLE,

3;14CV806

et al.,

Defendants.
MEMORANDUM OPINION

Christopher Gregory,
and m
order

forma pauperis,
to

state

a

a

Virginia

inmate

filed this 42 U.S.C.

viable

claim

under

proceeding pro
§ 1983 action.

42

U.S.C.

§

se
In

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.

Action Against Poverty in Roanoke Valley,

Cir. 1998)

(citing 42 U.S.C.

§ 1983) .

See

Dowe

v.

145 F.3d 653,

Total

658

{4th

In his current Complaint,

Gregory does not provide each defendant with fair notice of u—
the
facts

and

Accordingly,

Court

legal

upon

which

his

liability

by Memorandum Order entered on August 3,

directed

within

fourteen

Court

warned

particularized
action.

basis

Gregory
(14)

to

days

submit
of

Gregory

that

complaint

would

the

a

particularized

date

the
result

of

entry

failure
in

the

to

rests.

2015,

the

complaint

thereof.
submit

dismissal

of

The
the
the

[rjU

More than fourteen

of

the

submit

August
a

3,

2015

(14)

days have elapsed since the entry

Memorandum

Order.

Gregory

particularized complaint or otherwise

August 3, 2015 Memorandum Order.

Accordingly,

failed

respond to

to
the

the action will

be dismissed without prejudice.
The

Clerk

is

directed

to

send a

copy

of

this

Memorandum

Opinion to Gregory.
I t i s so ORDERED.

/O

CJ C

Date:

Richmond, t^rginia

^

Robert E. Payne
Senior IMited States District Judge