Owens v. Lt. Moore et al

Filing 19

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

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

p

r

STEVEN OWENS,

F»2Ta)l9

y

CLERK. U.S. DISTRICT COURT
RICHMOND. VA

Plaintiff,
Civil Action No.

V.

3:18CV433

LT. MOORE, et al.,
Defendants.

MEMORANDUM OPINION

Steven Owens, a Virginia inmate proceeding pro se and ^ 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).

Owens's

current

allegations

failed

to

provide

the

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

Accordingly, by Memorandum Order

entered on November 27, 2018, the Court directed Owens to submit

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

The Court warned Owens that the failure to

submit the particularized complaint would result in the dismissal
of the action.