Opinion
Civil Action No. 3:15CV748
09-28-2016
QUANTE CARR, Plaintiff, v. MAJOR HATCHETT, Defendant.
MEMORANDUM OPINION
Plaintiff, 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). Plaintiff's current allegations fail to provide the Defendant with fair notice of the facts and legal basis upon which his liability rests. See Bell Atl. 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 August 18, 2016, 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 of the action.
More than fourteen (14) days have elapsed since the entry of the August 18, 2016 Memorandum Order. Plaintiff failed to submit a particularized complaint or otherwise respond to the August 18, 2016 Memorandum Order. Accordingly, the action will be DISMISSED WITHOUT PREJUDICE.
An appropriate order will accompany this Memorandum Opinion.
/s/_________
M. Hannah Lauck
United States District Judge Date: SEP 28 2016
Richmond, Virginia