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Lee v. Ogaldez

United States District Court, Eastern District of Virginia
Mar 22, 2024
CIVIL 3:23cv383 (DJN) (E.D. Va. Mar. 22, 2024)

Opinion

CIVIL 3:23cv383 (DJN)

03-22-2024

DAVID JOHN LEE, Plaintiff, v. DEPUTY OGALDEZ, et al., Defendants.


MEMORANDUM OPINION

David J. Novak United States District Judge

Plaintiff, a Virginia inmate proceeding pro se and in forma pauperis, filed this 42 U.S.C. § 1983 action. 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 of a constitutional right or of a right conferred by federal law. 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.

Accordingly, by Memorandum Order entered on February 14, 2024, the Court directed Plaintiff to submit a particularized complaint within thirty (30) days of the date of entry thereof. (ECF No. 8.) The Court warned Plaintiff that the failure to submit the particularized complaint would result in the dismissal of the action. (Id.) More than thirty (30) days have elapsed since the entry of the February 14,2024 Memorandum Order.

Plaintiff failed to submit a particularized complaint or otherwise respond to the February 14, 2024 Memorandum Order. Accordingly, the action will be DISMISSED WITHOUT PREJUDICE.

An appropriate Final Order will accompany this Memorandum Opinion.

Let the Clerk file a copy of the Memorandum Opinion electronically and send a copy to Plaintiff.


Summaries of

Lee v. Ogaldez

United States District Court, Eastern District of Virginia
Mar 22, 2024
CIVIL 3:23cv383 (DJN) (E.D. Va. Mar. 22, 2024)
Case details for

Lee v. Ogaldez

Case Details

Full title:DAVID JOHN LEE, Plaintiff, v. DEPUTY OGALDEZ, et al., Defendants.

Court:United States District Court, Eastern District of Virginia

Date published: Mar 22, 2024

Citations

CIVIL 3:23cv383 (DJN) (E.D. Va. Mar. 22, 2024)