Prasad v. Cavanaugh PLLC et al
MEMORANDUM OPINION. See for complete details. Signed by District Judge M. Hannah Lauck on 08/03/2017. (mailed copy to pro se Plaintiff) (nbrow)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINI
SUNDARI K. PRASAD,
AUG .... 3 2017
Civil Action No. 3:16CV979
CAVANAUGH PLLC, et al.,
Plaintiff, a Virginia inmate proceeding prose and informa pauperis, filed this 42 U.S.C.
§ 1983 action. 1 In order to state a viable claim under 42 U.S.C. § 1983, 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 law of the United States. See Dowe v. Total Action Against Poverty in
Roanoke Valley, 145 F.3d 653, 658 (4th Cir. 1998) (citing 42 U.S.C. § 1983). Plaintiff's 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 Order entered on
May 31, 2017, the Court directed Plaintiff to submit a particularized complaint within fourteen
(14) days of the date of entry thereof. The Court warned Plaintiff that the failure to submit the
particularized complaint would result in the dismissal of the action.
statute provides, in pertinent part:
Every person who, under color of any statute ... of any State ... subjects,
or causes to be subjected, any citizen of the United States or other person within
the jurisdiction thereof to the deprivation of any rights, privileges, or immunities
secured by the Constitution and laws, shall be liable to the party injured in an
action at law ....
42 u.s.c. § 1983.
CLERK, U.S. DISF
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