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, )

P~XJk
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA

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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