Huff v. Pearson et al

Filing 17

MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 10/17/2016. Copy mailed to Pro Se Plaintiff. (jsmi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
CARL LEE HUFF,

JR.,

Plaintiff,

V.

Civil Action No.

EDDIE PEARSON, ^

3;15CV661

al♦,

Defendants.

MEMORANDUM OPINION

Carl Lee Huff, Jr., a Virginia inmate proceeding pro se and
in forma pauperis, filed this 42 U.S.C. § 1983 action.
to state a viable claim under 42 U.S.C.

§ 1983,

In order

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.

Dowe v.

Total Action Against

Poverty in Roanoke Valley,

145 F.3d 653,

(citing 42 U.S.C. § 1983) .

In his current Complaint, Huff does

not

identify

the

particular

658

constitutional

violated by the defendants' conduct.

(4th Cir.

right

1998)

that

was

Accordingly, by Memorandum

Order entered on September 16, 2016, the Court directed Huff to

submit a particularized complaint within fourteen
the

date

of

entry

thereof.

The

Court

(14)

warned Huff

days of
that

the

failure to submit the particularized complaint would result in
the dismissal of the action.

More
of

the

submit

than fourteen

September

a

September

16,

2016

particularized
16,

2016

(14)

days have elapsed since

Memorandum Order.

complaint

Memorandum

or

Huff

otherwise

Order.

the entry
failed

respond

to

to

the

Accordingly,

the

action

copy

Memorandum

will be dismissed without prejudice.
The

Clerk

is

directed

to

send

a

of

this

Opinion to Huff.

Rob tE P ne'"'
Date:
Richmond, Virginia

Senior United States District Judge