Brown v. Austin et al

Filing 12

MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 08/16/2018. (Copy mailed to Plaintiff Brown) (smej, )

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

Richmond Division

BERNARD BROWN,

Plaintiff,
V.

Civil Action No.

3:18CV255

MS. L. AUSTIN, ^ al.,
Defendants.
MEMORANDUM OPINION

Bernard Brown, a Virginia inmate proceeding pro se and in

forma 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).

Brown's current Complaint fails to

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

Accordingly, by

Memorandum Order entered on July 23, 2018, the Court directed

Brown to submit a particularized complaint within fourteen (14)

days of the date of entry thereof.

The Court warned Brown 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 23, 2018 Memorandum Order.

Brown failed to submit

a particularized complaint or otherwise respond to the July 23,
2018

Memorandum

Order.

Accordingly,

the

action

will

be

dismissed without prejudice.

The Clerk is directed to send a

copy of this Memorandum

Opinion to Brown.

/s/

^
Date:

tJtAA ^^ I I'^^^

Richmond, Virginia

Robert E. Payne

Senior United States District Judge