Franklin v. Wilson

Filing 20

MEMORANDUM OPINION. See Opinion for details. Signed by District Judge M. Hannah Lauck on 02/21/2017. Copy mailed to Plaintiff.(ccol, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
ELIE FRANKLIN,

FEB 2 I 2017
CLERK. U.S. D;STi11CT COUR1
RICHMOND, VA

Plaintiff,

v.

Civil Action No. 3:16CV145

ERIC WILSON,

Defendant.
MEMORANDUM OPINION

Plaintiff, a federal inmate proceedingpro se and informapauperis, filed this action
challenging his conditions of confinement. By Memorandwn Order entered on October 11,
2016, 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. Thereafter, by
Memorandwn Order entered on November 10, 2016, the Court granted Plaintiff an extension of
twenty (20) days from the date of entry thereof to file a particularized complaint.
More than twenty (20) days have elapsed since the entry of the November 10, 2016
Memorandwn Order. Plaintiff failed to submit a particularized complaint. Instead, on December
21, 2016, Plaintiff submitted a docwnent titled, "REQUEST FOR LEAVE TO FILE
CONDITIONAL DISMISSAL." (ECF No. 17.) Plaintiff does not address the Court's directive
to file a particularized complaint. Instead, Plaintiff requests "a conditional dismissal pending
results of investigation into whether the Bureau [of Prisons] has considered the petitioner [to
have] successfully completed the four (4) tier administrative remedy process." (Id at I.)
Because Plaintiff has failed to comply with the Court's directive to file a particularized

complaint or offer any excuse for his failure to do so, the action will be DISMISSED WITHOUT
PREJUDICE.
An appropriate order will accompany this Memorandum Opinion.

M. Hannah Laue
United States Dis ict Judge

D~te: t: ~ R .2. \. 2017 _
Richmohct, 'Vug1ma

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