Juste v. Commonwealth of Virginia
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>
^D IL (1
JUL I 2 2017
Civil Action No. 3:16CV903
COMIVIONWEALTH OF VIRGINIA,
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
An appropriate order will accompany this Memorandum Opinion.
M. Hannah Lauck
United States Distriit Judge
Dace; JUL 1 2 2017
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