Hidalgo v. Back et al
MEMORANDUM OPINION. See Opinion for details. Signed by District Judge Henry E. Hudson on 02/03/2017. Copy sent to Plaintiff.(ccol, ) Modified on 2/6/2017 (ccol, ).
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
CLERK. U.S. DiSTRiCT COURT
Civil Action No. 3:16CV264-HEH
MAJOR PHYLLIS BACK, et ai.
(Dismissing Action Without Prejudice)
Plaintiff, a Virginia inmate proceeding pro se 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 undercolor of state law deprived him or her of a
constitutional right or of a right conferred by a law of the United States. SeeDowe v.
TotalAction AgainstPoverty in Roanoke Valley, 145 F,3d 653, 658 (4th Cir. 1998)
(citing 42 U.S.C. § 1983). In his current Complaint, Plaintiffdoes not identify the
particular constitutional right that was violated by the defendants' conduct. Moreover,
Plaintiffs current allegations fail to provide each defendant with fair notice of the facts
and legal basis upon which his or her liability rests. See BellAll. Corp. v. Twombly, 550
U.S. 544, 555 (2007) (quoting Conleyv. Gibson, 355 U.S. 41,47 (1957)). Accordingly,
by Memorandum Order entered on January 11, 2017, 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.
More than fourteen (14) days have elapsed since the entry of the January 11, 2017,
Memorandum Order. Plaintiff failed to submit a particularized complaint or otherwise
respond to the January 11, 2017, Memorandum Order. Accordingly, the action will be
dismissed without prejudice. Plaintiff is free to file a new action that amplifies the
factual and legal basis upon which his claims rest.
An appropriate order will accompany this Memorandum Opinion.
UNITED STATES DISTRICT JUDGE
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