Williams v. Hudson
Williams v. Hudson
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division STEVEN WILLIAMS, Plaintiff, v. Civil No. 3:21cv158 (DJN) KEVIN HUDSON, ef al., Defendants. MEMORANDUM OPINION Plaintiff, a Virginia inmate proceeding pro se and in forma pauperis, filed this
42 U.S.C. § 1983action. 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 terse and conclusory 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) (stating that the complaint must “give the defendant fair notice of what the claim is and the grounds upon which it rests”). Accordingly, by Memorandum Order entered on August 27, 2021, the Court directed Plaintiff to submit a particularized complaint within fourteen (14) days of the date of entry thereof. (ECF No. 11.) 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 August 27, 2021 Memorandum Order. Plaintiff failed to submit a particularized complaint or otherwise respond
to the August 27, 2021 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/ David J. Novak = United States District Judge Richmond, Virginia Dated: September 29, 2021
Reference
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