Hidalgo v. Back et al

Filing 12

MEMORANDUM OPINION. Read Opinion for complete details. Signed by District Judge Henry E. Hudson on 05/8/2017. Copy mailed to Plaintiff as directed.(ccol, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN) DISTRICT OF VIRGINIA Richmond Division ~ MAY - 9 2017 JORDAN HIDALGO, Plaintiff, v. PHYLLIS BACK, et al., Defendants. ) ) ) ) ) ) ) ) CLERK, U.S. Di.Sltl1CT COURT RICHMOND, VA Civil Action No. 3:16CV844-HEH MEMORANDUM OPINION (Dismissing Action Without Prejudice) Plaintiff, a federal inmate proceedingpro 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 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. Total Action Against Poverty 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 which his or her liability rests. See Bell 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 April 14, 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 April 14, 2017 Memorandum Order. Plaintiff failed to submit a particularized complaint or otherwise responded to the April 14, 2017 Memorandum Order. Accordingly, the action will be dismissed without prejudice. An appropriate Order will accompany this Memorandum Opinion. HENRY E. HUDSON UNITED STATES DISTRICT JUDGE 111A'lf20 l'f Date: Richmond, irginia 2

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