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, ).

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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 2

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