Juste v. Commonwealth of Virginia

Filing 12

MEMORANDUM OPINION. Signed by District Judge M. Hannah Lauck on 7/12/17. (Copy mailed to pro se plaintiff).(jtho, )

IN THE UNITED STATES DISTRICT COU

FOR THE EASTERN DISTRICT OF VIRGI>
Richmond Division

ANDRE JUSTE,

^D IL (1
JUL I 2 2017
' R'CTCOURT
—__R^HMONa VA

Plaintiff,
V.

Civil Action No. 3:16CV903

COMIVIONWEALTH OF VIRGINIA,
Defendant.

MEMORANDUM OPINION

Plaintiff, a federal inmate proceedingpro se and informa panperis, filed this 42 U.S.C.

§ 1983 action. In order to state a viable claim under 42 U.S.C. § 1983, a plaintiffmust 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). In his current

Complaint, Plaintiff fails to provide the Defendant with fair notice of the facts and legal basis
upon which its liability rests. See Bell At!. Corp. v. T^vomhly, 550 U.S. 544, 555 (2007) (quoting
Conley v. Gibson, 355 U.S. 41, 47 (1957)). Accordingly, by Memorandum Order entered on
June 9, 2017, the Court directed Plaintiff to 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 June 9,2017
Memorandum Order. Plaintiff failed to submit a particularized complaint or otherwise respond
to the June 9,2017 Memorandum Order. Accordingly, the action will be DISMISSED
WITHOUT PREJUDICE.

An appropriate order will accompany this Memorandum Opinion.
/s/

M. Hannah Lauck

United States Distriit Judge

Dace; JUL 1 2 2017
Richmond, Virginia