Carter v. Clarke et al
Filing
12
MEMORANDUM OPINION. See Memorandum for details. Signed by District Judge John A. Gibney, Jr. on 11/30/2015. (sbea, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richnioiul Division
MARK A. CARTER,
Plainliff,
V.
Civil Action No. 3:I5CV141
HAROLD W. CLARKE, ut al..
Defendants.
MEMORANDUM OPINION
Plaintiff, a former Virginia inmate proceeding pro se and informa pcmperis, filed this 42
U.S.C. § 1983 action. In order to state a viable claim under 42 U.S.C. § 1983, a plainlilT must
allege that a person acting under color of slate law deprived him or her of a constitutional right or
of a right conferred by a law of the United States. Sec Dowe v. Total Action Against Poverty in
Roanoke Valley, 145 F.3d 653. 658 {4th Cir. 1998) (citing 42 U.S.C. § 1983). Plainliffs current
complaint failed to provide each defendant with fair notice of facts and legal basis upon which
his or her liability rests. .Accordingly, by Memorandum Order entered on October 29. 2015, the
Court direcied Plaintiff to submit a particularized complaint within fourteen (14) days of the date
of entry thereof
The Court warned Plaintiff that the failure lo submit the particularized
complaint would result in the dismissal of the action.
More than fourteen (14) days have elapsed sitice the entry of the October 29, 2015
Memorandum Order. Plaintiff failed lo submit a particularized complaini or otherwise respond
to the October 29, 2015 Memorandum Order. Accordingly, the action will be dismissed without
prejudice.
An appropriate order will accompany this Memorandum Opinion.
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Richmond, V.itmm
John A. Gibney, , ,
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