Martin v. Conmed Healthcare Management, Inc. et al

Filing 8

MEMORANDUM OPINION. Signed by District Judge James R. Spencer on 10/05/2015. Copy mailed to plaintiff.(tjoh, )

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

JOHN TUCKER MARTIN,

Plaintiff,
V.

Civil Action No. 3:14CV846

CONMED HEALTHCARE MANAGEMENT, INC., eta/..
Defendants.

MEMORANDUM OPINION

Plaintiff, a former Virginia inmate proceeding pro se and informa 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

allegethat 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). In his current

Complaint, Plaintiffs rambling allegations fail to provide each defendant with fair notice of the
facts and legal basis upon which his or her liability rests. Accordingly, by Memorandum Order
entered on September 14, 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 September 14, 2015

Memorandum Order. Plaintiff failed to submit a particularized complaint or otherwise

responded to the September 14, 2015 Memorandum Order, Accordingly, the action will be
dismissed without prejudice.
An appropriate order will accompany this Memorandum Opinion.

Date: ' S"' (5

Richmond, Virginia

/s/

James R. Spencer
S_