Clark v. Giuffra et al

Filing 9

MEMORANDUM OPINION. See Opinion for details. Signed by District Judge Henry E. Hudson on 02/03/2017. Copy of Opinion mailed to Plaintiff. (ccol, )

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

FEB-SJ'T

Richmond Division

JORDAN TYLER CLARK,

ClW, U.S. DISTRICT UCJURT

Plaintiff,
Civil Action No. 3:16CV348-HEH

V.

MS.GIUFFRA, etal.
Defendants.

MEMORANDUM OPINION

(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 under42 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.

TotalAction AgainstPoverty in Roanoke Valley, 145 F.3d 653, 658 (4th Cir. 1998)
(citing 42 U.S.C. § 1983). Plaintiffs current allegations fail to provide each defendant
with fair notice of the facts and legal basis upon whichhis or her liability rests. SeeBell
Atl. Corp. V. Twombly, 550 U.S. 544, 555 (2007) (quoting Conley v. 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. Plaintiffis 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.
/s/

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Datei'K.k 3 2&l*7
Richmond, Virginia

HENRY E.HUDSON
UNITED STATES DISTRICT JUDGE