Morse v. O'Neil

District Court, E.D. Virginia

Morse v. O'Neil

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division RANDOLPH K. MORSE, JR., Plaintiff, v. Civil No. 3:20cv213 (DJN) CAROLE O’NEIL, et al., Defendants. 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

). In his current Complaint, Plaintiff does not identify the particular constitutional right that was violated by the defendants’ conduct. Accordingly, by Memorandum Order entered on June 30, 2020, 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 June 30, 2020 Memorandum Order. Plaintiff failed to submit a particularized complaint or otherwise respond to

the June 30, 2020 Memorandum Order. Accordingly, the action will be dismissed without prejudice. An appropriate order will accompany this Memorandum Opinion. Let the Clerk file a copy of the Memorandum Opinion electronically and send a copy to Plaintiff.

/s/ V David J. Novak United States District Judge Richmond, Virginia Dated: September 4, 2020

Reference

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