Masika v. Meda et al
MEMORANDUM OPINION. Signed by District Judge M. Hannah Lauck on 04/16/2018. Copy mailed to plaintiff. (tjoh, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
CLERK, U.S. DISTRICT COURT
FRANCIS A. MASIKA,
Civil Action No. 3:17CV215
AMAR MEDA, et aL,
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.
M. Hannah Lauj
United States District Judge
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