Saunders v. Western Tidewater Regional Jail et al

Filing 14

MEMORANDUM OPINION. Signed by District Judge M. Hannah Lauck on 08/03/2017. Copy mailed to Plaintiff. (tjoh, )

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P~XJk IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA P WJG - 3 2017 Richmond Division DARRIUS FERRELL SAUNDERS, Plaintiff, Civil Action No. 3:16CV947 V. WESTERN TIDEWATER REGIONAL JAIL, et aL, Defendants. MEMORANDUM OPINION 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 under 42 U.S.C. § 1983, a plaintiffmust allege that a person acting undercolor 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 ActionAgainst 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 Orderentered on May 31, 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 submitthe particularized complaint would result in the dismissal of the action. More than fourteen (14) days have elapsed since the entry of the May 31, 2017 Memorandum Order. Plaintiff failed to submit a particularized complaint or otherwise respond to May 31, 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 Distric ; Jtidge Date; ftOG O'J 2017 Richmond, Virginia

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