Simmons, Jr v. Capt. Grant, et al

Filing 16

MEMORANDUM OPINION. SEE OPINION for complete details. Signed by District Judge Robert E. Payne on 02/26/2019. Copy of Memorandum Opinion was mailed to Plaintiff.(ccol, )

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

Richmond Division

r ra ? 7^019

RICHARD D. SIMMONS, JR.,

Plaintiff,
Civil Action No.

V.

3:18CV432

CAPT. GRANT, et al.,
Defendants.

MEMORANDUM OPINION

Richard D. Simmons, Jr., a former Virginia inmate proceeding
pro se, 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).

In his current Complaint, Simmons does not identify the

particular

constitutional

right

that

was

violated

by

the

defendants' conduct and his current allegations fail 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 December 6, 2018, the Court directed Simmons to

submit a particularized complaint within fourteen (14) days of the
date of entry thereof.

to

submit

the

The Court warned Simmons that the failure

particularized

complaint

would

result

in

the