Jack v. Chapman et al

Filing 14

MEMORANDUM OPINION. See Opinion for further details. Signed by District Judge Robert E. Payne on 02/08/2017. Copy mailed to Plaintiff.(ccol, ) Modified on 2/9/2017 (ccol, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA

Richmond Division

FEB - 9 2017

JAMES L. JACK,

CLERK, U.S. DiSTl11CT COURT
RICHMOND VA

Plaintiff,

v.

Civil Action No.

3:16CV316

MICHAEL L. CHAPMAN, et al.,
Defendants.
MEMORANDUM OPINION

James L. Jack,

a Virginia inmate proceeding pro se and in

u.s.c.

forma pauperis, filed this 42

§

state a viable claim under 42 U. s. c.

1983 action.
§

In order to

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.
Poverty in Roanoke Valley,
(citing 42
not

u.s.c.

identify

the

§

1983}.

See Dowe v. Total Action Against
145 F. 3d 653,

(4th Cir.

1998}

In his current Complaint, Jack does

particular

violated by the defendants'

658

constitutional

conduct.

right

Moreover,

that

was

Plaintiff's

current rambling allegations fail to provide each defendant with
fair notice of the facts and legal basis upon which his or her
liability rests.
555 (2007}

See Bell Atl. Corp, v. Twombly, 550 U.S. 544,

(citation omitted}.

Accordingly, by Memorandum Order

entered on January 11, 2017, the Court directed Jack to submit a
particularized complaint within fourteen

(14}

days of the date

of entry thereof.
submit

the

The Court warned Jack that

particularized

complaint

would

the failure
result

in

to
the

dismissal of the action.
More than fourteen
of

the

January

submit a

ll,

(14}

2017

days have elapsed since the entry
Jack

Memorandum Order.

failed

to

particularized complaint or otherwise respond to the

January ll, 2017 Memorandum Order.
be dismissed without prejudice.

Accordingly, the action will

Plaintiff is free to file a new

action that amplifies the factual and legal basis upon which his
claims rest.
The Clerk is directed to send a

copy of

this Memorandum

Opinion to Jack.

/s/

~ ~JYW~ ~\ 1-011

Date:
Richmond~YV-i~~in~a

/ltrJ

Robert E. Payne
Senior United States District Judge

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