Carter, Jr., v. Ray et al

Filing 11

MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 06/08/2018. (Copy mailed to Plaintiff Carter). (smej, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA

Richmond Division

LEONARD CARTER, JR.,

Plaintiff,
Civil Action No. 3:17CV850-HEH

V.

TRACEY RAY,etal.
Defendants.
MEMORANDUM OPINION

(Dismissing Action Without Prejudice)

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 nonsensical allegations fail to provide each
defendant with fair notice of the facts and legal basis upon which his or her liability rests.

See Bell Ati 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 17, 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 ofthe action.

More than fourteen (14) days have elapsed since the entry of the May 17, 2018
Memorandum Order. Plaintiff failed to submit a particularized complaint or otherwise

respond to the May 17, 2018 Memorandum Order. Accordingly, the action will be
dismissed without prejudice.

An appropriate order will accompany this Memorandum Opinion.

/s/

HENRY E. HUDSON

Date:

aoi)?

Richmond, Virginia

SENIOR UNITED STATES DISTRICT JUDGE