IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division WILLIE B. GHEE, JR., Plaintiff, v. Civil Action No. 3:21CV39 JOSEPH BROWN, et al., Defendants. 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 failed to provide each defendant with fair notice of the law and facts upon which his or her liability rests. Accordingly, by Memorandum Order entered on July 26, 2021, 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 July 26, 2021 Memorandum Order. Plaintiff failed to submit a particularized complaint or otherwise respond to the July 26, 2021 Memorandum Order. Accordingly, the action will be dismissed without prejudice. An appropriate order will accompany this Memorandum Opinion. Date: 17 August 2021 Richmond, Virginia Is/ John A. Gibney, Jr. United States District Judge