Saunders v. Virginia Department of Corrections et al

Filing 13

MEMORANDUM OPINION. SEE OPINION FOR COMPLETE DETAILS. Signed by District Judge M. Hannah Lauck on 05/25/2017. Copy mailed to Plaintiff.(ccol, )

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

GEORGE WILLIAM SAUNDERS,

MAY

Wrri'DisTfliCTcouRi
Plaintiff,
V.

Civil Action No. 3; 16CV409

VIRGINIA DEPARTMENT OF CORRECTIONS, et aL,
Defendants.

MEMORANDUM OPINION

Plaintiff, a former 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 actingundercolor 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. To^al ActionAgainst Poverty in

Roanoke Valley, 145 F.3d 653,658 (4th Cir. 1998) (citing42 U.S.C. § 1983). Plaintiffs current
allegations fail to provide each defendant with fair noticeof the facts and legal basis upon which
his or her liability rests. See BellAtl. 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

April 10,2017, the Court directed Plaintiffto submit a particularized complaint within fourteen
(14) days of the date of entry thereof The Court warned Plaintiffthat 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 April 10, 2017
Memorandum Order. Plaintiff failed to submit a particularized complaint or otherwise respond
to the April 10,2017 Memorandum Order. Accordingly, the action will be DISMISSED
WITHOUT PREJUDICE.

An appropriate order will accompany this Memorandum Opinion.

M. Hannah LaJ

Date:

m 2 5 2D«,

Richmond, Virginia

United States District Judge