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
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