Opinion
Civil Action 3:21CV451-HEH
05-11-2022
TYRONE F. HINES. Plaintiff, v. B. SAPP, et al., Defendants.
MEMORANDUM OPINION (Dismissing Action Without Prejudice)
Henry E. Hudson Senior United States District Judge
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). In his current complaint, Plaintiff does not identify the particular constitutional right that was violated by each Defendant's conduct or provide each Defendant with fair notice of the facts and legal basis upon which his or her liability rests. See Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007).
Accordingly, by Memorandum Order entered on April 4, 2022, the Court directed Plaintiff to submit a particularized complaint within fourteen (14) days of the date of entry thereof. The Court warned Plaintiff that 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 April 4, 2022 Memorandum Order. Plaintiff has failed to submit a particularized complaint or otherwise respond to the April 4, 2022 Memorandum Order. Accordingly, the action will be dismissed without prejudice.
An appropriate order will accompany this Memorandum Opinion.