Masika v. Meda et al

Filing 17

MEMORANDUM OPINION. Signed by District Judge M. Hannah Lauck on 04/16/2018. Copy mailed to plaintiff. (tjoh, )

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p 1 1 1 p 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA "! 62018 i CLERK, U.S. DISTRICT COURT Richmond Division RICHMOND. VA FRANCIS A. MASIKA, Plaintiff, Civil Action No. 3:17CV215 V. AMAR MEDA, et aL, Defendants. MEMORANDUM OPINION Plaintiff, a Virginia inmate proceeding pro se 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). 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 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 February 16, 2018, 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 February 16,2018 Memorandum Order. Plaintiff failed to submit a particularized complaint. Accordingly, the action will be DISMISSED WITHOUT PREJUDICE. An appropriate order will accompany this Memorandum Opinion. li M. Hannah Lauj Date:AP^ 16 Richmond, Virginia jj United States District Judge

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