Barnes v. Kuplinski et al

Filing 16

MEMORANDUM OPINION. See for complete details. Signed by District Judge Robert E. Payne on 05/26/2017. (mailed copy to pro se Plaintiff) (nbrow)

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THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division ~N MAY 2 6 20!7 KELLY D. BARNES, CLERK. U.S. DIST~ICT C:Ot 18T ____ R_ICHMOND. VA - ..... -·-· -*-- ··-··---- -..- . Plaintiff, v. Civil Action No. 3:16CV951 JOHN R. KUPLINSKY, et al., Defendants. MEMORANDUM OPINION Kelly D. Barnes, a Virginia inmate proceeding pro se and in forma pauperis, filed this 42 U.S.C. § state a viable claim under 42 U.S. C. 1983 action. § 1983, In order to 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 See Dowe v. law of the United States. Poverty in Roanoke Valley, (citing 42 U.S.C. 145 In his 1983). § F. 3d 653, Total Action Against 658 current (4th Cir. Complaint, 1998) Barnes failed to provide each defendant with fair notice of facts and legal basis upon which his or her liability rests. by Memorandum Order directed Barnes fourteen ( 14) warned Barnes to days that entered submit of the the a on April 26, particularized date failure of to entry Accordingly, 2017, the complaint thereof. submit · the The Court within Court particularized complaint would result in the dismissal of the action. More than fourteen of the April 26, 2017 (14) days have elapsed since the entry Barnes Memorandum Order. failed to submit a particularized complaint or otherwise responded to the April 26, 2017 Memorandum Order. Accordingly, the action will be dismissed without prejudice. The Clerk is directed to send a copy of this Memorandum Opinion to Barnes. /s/ Date: JlA.71-'°1~11 Richmond, Virginia R.£-/ Robert E. Payne Senior United States District Judge 2

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