Harvey v. Hackett

Filing 13

MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 11/09/2016. Copy mailed to Plaintiff. (tjoh, )

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p

NOV -92016 \jj

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

CLERK, U.S. DiSTRlCT COURT
RICHMO.VD, VA

RODNEY CONNELL HARVEY,

Plaintiff,
Civil Action No.

V.

3:16CV347

MAJOR HACKETT,
Defendant.
MEMORANDUM OPINION

Rodney Connell Harvey,
and

forma pauperis,

order

to

state

a

a Virginia inmate proceeding pro se

filed this 42 U.S.C.

viable

claim

under

§

42

1983 action.

U.S.C.

§

In

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.

Action Against Poverty in Roanoke Valley,

Cir. 1998)

(citing 42 U.S.C.

Harvey fails
facts

and

Accordingly,
the

to provide
legal

§ 1983) .

Court

warned

(14)

basis

upon

days

Harvey

particularized complaint
action.

v.

145 F.3d 653,

Total

658

(4th

In his current Complaint,

which

of

his

entered

Court directed Harvey to submit a
fourteen

Dowe

the defendant with fair notice of

by Memorandum Order

within

See

the

date

that

the

would

result

liability

on October

the

rests.

11,

2016,

particularized complaint
of

entry

failure

in

the

to

thereof.

The

submit

the

dismissal

of

the

More than fourteen
of

the

October

submit a

11,

2016

(14)

days have elapsed since the entry

Memorandum Order.

Harvey

failed

to

particularized complaint or otherwise respond to the

October 11, 2016 Memorandum Order.

Accordingly,

the action will

be dismissed without prejudice.
The

Clerk

is

directed

to

send a

copy

of

this

Memorandum

Opinion to Harvey.

/s/

^

Date:

Robert E. Payne

^ S e n i o r ISiited States District Judge

Richmond, Virginia