Perry v. Godwin

Filing 11

MEMORANDUM OPINION. See Opinion for details. Signed by District Judge Robert E. Payne on 8/16/2017. Memorandum Opinion was mailed to plaintiff. (sbea, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Riclunond Division
RK, U.S. DISTRICT COURT
RICHMOND

LAMOND PERRY,
Plaintiff,

v.

Civil Action No.

3:17CV72

SHERIFF T. GODWIN,
Defendant.

MEMORANDUM OPINION
Lamond Perry,

a Virginia inmate proceeding pro se and in

forma pauperis, filed this 42 U.S.C.

§

u. s. c.

state a viable claim under 42

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.

allegations

fail

1983).

§

145

F. 3d

653,

Total Action Against
658

(4th Cir.

In his current Complaint,

1998)

Perry's

to provide the defendant with fair notice of

the facts and legal basis upon which his or her liability rests.
See

Bell

(quoting

Atl.

Corp.

Conley

Accordingly,

v.

v.

Twombly,

Gibson,

3SS

sso

U.S.

U.S.

544,
41,

SSS
47

by Memorandum Order entered on July 14,

(2007)
(19S7)).

2017,

the

Court directed Perry to submit a particularized complaint within
fourteen

( 14)

days

of

the date

of

entry thereof.

The

Court

warned

Perry

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 14, 2017 Memorandum Order.

Perry failed to submit

a particularized complaint or otherwise respond to the July 14,
2017

Memorandum

Order.

Accordingly,

the

action

will

be

dismissed without prejudice.
The Clerk is directed to send a

copy of

this Memorandum

Opinion to Perry.

/s/
Date:
~rJ lh1 '2.-ot7
Richmond, VOrginia

/? ~

Robert E. Payne
Senior United States District Judge

2