Crawford v. Foreman

District Court, E.D. Virginia

Crawford v. Foreman

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division TREVOR CRAWFORD, Plaintiff, v. Civil Action No. 3:19CV149 T.S. FOREMAN, ef 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

). Plaintiff's current allegations fail to 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) (quoting Conley v. Gibson,

355 U.S. 41, 47

(1957)). Accordingly, by Memorandum Order entered on January 21, 2021, the Court directed Plaintiff to submit a particularized complaint within fourteen (14) days of the date of entry thereof. The Court wamed Plaintiff that the failure to submit the particularized complaint would result in the dismissal of the action. Thereafter, by Memorandum Order entered on May 13, 2021, the Court granted Plaintiff an additional thirty (30) days from the date of entry thereof to file a particularized complaint. More than thirty (30) days have elapsed since the entry of the May 13, 2021 Memorandum Order

and Plaintiff has not filed a particularized complaint or otherwise responded to the May 13, 2021 Memorandum Order. Accordingly, the action will be DISMISSED WITHOUT PREJUDICE. An appropriate order will accompany this Memorandum Opinion. /s/ | | 4 M. Hannah Lauck Date: Jun £ wri United States District Judge Richmond, Virginia

Reference

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