Coleman v. Wilson

District Court, E.D. Virginia

Coleman v. Wilson

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division

LAMAR O’NEIL COLEMAN,

Plaintiff,

v. Civil Action No. 3:21cv425

JASON WILSON, et al.,

Defendants.

MEMORANDUM OPINION

Plaintiff Lamar O’Neil Coleman, a Virginia detainee 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

). Coleman’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)); see also (ECF No. 1.) Accordingly, by Memorandum Order entered on September 15, 2021, the Court directed Coleman to submit a particularized complaint within fourteen (14) days of the date of entry thereof. (ECF No. 6, at 2.) The Court warned Plaintiff that the failure to submit the particularized complaint would result in the dismissal of the action. (Id. 3.) More than fourteen (14) days have elapsed since the entry of the September 15, 2021 Memorandum Order. Plaintiff failed to submit a particularized complaint or otherwise respond to the September 15, 2021 Memorandum Order. Accordingly, the action will be DISMISSED WITHOUT PREJUDICE. An appropriate order will accompany this Memorandum Opinion.

ited States/Bustrict Judge Date: 11-30-21 M. Hannah Lauck Richmond, Virginia United States District Judge

Reference

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