Prasad v. Karn Art, Inc et al

Filing 12

MEMORANDUM OPINION. See Opinion for details. Signed by District Judge M. Hannah Lauck on 08/23/2017. Copy mailed to Plaintiff.(ccol, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
SUNDARI K. PRASAD,

~ r--~-~=-'-L.~u~--- fr '
AUG 2 3 2017 11Y
LJ

r

CLERK, U.S. 1~., ·'·I r"11C1 COURl

Plaintiff,

RICHfolUfJO. VA

v.

Civil Action No. 3:17CV62

KARN ART INC., et al.,
Defendants.
MEMORANDUM OPINION
Plaintiff, a Virginia inmate proceeding prose 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 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). Jn her Complaint,
Plaintiff does not identify the particular constitutional right that was violated by the defendants'
conduct. In addition, 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 At/. 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 July 20, 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.
More than fourteen ( 14) days have elapsed since the entry of the July 20, 2017
Memorandum Order. Plaintiff failed to submit a particularized complaint or otherwise respond

to the July 20, 2017 Memorandum Order. Accordingly, the action will be DISMISSED
WITHOUT PREJUDICE.
An appropriate order will accompany this Memorandum Opinion.

United States District Judge

Date: AUG 2 3 2017
Richmond, Virginia

2