Burrell v. Doss et al
MEMORANDUM OPINION. See for complete details. Signed by District Judge Henry E. Hudson on 12/22/2016. Clerk mailed copy to pro se Plaintiff. (nbrow)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
TROY LAMONT BURRELL,
MR. T. DOSS, et al.,
DEC 2 3 20l6
CLERK, U.S. DISTRICT COURT
Civil Action No. 3:16CV212-HEH
(Dismissing Action Without Prejudice)
Plaintiff, a Virginia inmate proceeding prose 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 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. 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, Plaintiff fails 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 October 13, 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.
Instead of filing a particularized complaint, Plaintiff filed a Response explaining
that he needed the Court to appoint him counsel. By Memorandum Order entered on
November 16, 2016, the Court denied Plaintiffs request for counsel and informed
Plaintiff that he had eleven ( 11) days from the date of entry thereof to comply with the
directives of the October 13, 2016 Memorandum Order. More than eleven (11) days
have elapsed since the entry of the November 16, 2016 Memorandum Order. Plaintiff
failed to submit a particularized complaint or otherwise respond to the November 16,
2016 Memorandum Order. Accordingly, the action will be dismissed without prejudice.
An appropriate order will accompany this Memorandum Opinion.
HENRY E. HUDSON
UNITED STATES DISTRICT JUDGE
Date:Dec.. 2.2. 2,01,
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