IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division ERIC McCARTER, Plaintiff, V. Civil Action No. 3:20CV340 ERIK BROWN, 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

). Plaintiff's current allegations fail to provide the defendant with fair notice of the facts and legal basis upon which his or her liability rests. See Bell Atl. Corp. v. Twombly,

(2007) (quoting Conley v. Gibson,

(1957)). Accordingly, by Memorandum Order entered on December 3, 2020, the Court directed Plaintiff to submit a particularized complaint within thirty (30) 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 thirty (30) days have elapsed since the entry of the December 3, 2020 Memorandum Order. Plaintiff failed to submit a particularized complaint or otherwise respond to

the December 3, 2020 Memorandum Order. Accordingly, the action will be DISMISSED WITHOUT PREJUDICE. An appropriate order will accompany this Memorandum Opinion.

Date: /6 February 2021 Richmond, Virginia Ist | John A. Gibney, Jr, United States District Judg