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)

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