IN THE UNITED STATES DISTRICT COURT Les] FOR THE EASTERN DISTRICT OF VIRGINIA Le Richmond Division BEER SHMOND □□□□ ANTHONY DERRICK DANIELS, Plaintiff, v. Civil Action No. 3:19CV27 JESSICA MARIE JAMES CHEATHAM, Defendant. MEMORANDUM OPINION Plaintiff, a Virginia inmate proceeding pro se and in forma pauperis, filed this

action. In order to state a viable claim under

, 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,

(4th Cir. 1998) (citing

). In his current Complaint, Plaintiff did not provide the defendant fair notice of the facts and legal basis upon which her liability rests. Accordingly, by Memorandum Order entered on September 24, 2019, 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 September 24, 2019 Memorandum Order. Plaintiff failed to submit a particularized complaint or otherwise respond to the September 24, 2019 Memorandum Order. Accordingly, the action will be dismissed without prejudice. cml United States District Judge Date: 25 2019 Richmond, Virginia