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, )

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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 2

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