Fleming v. Woodley

District Court, E.D. Virginia

Fleming v. Woodley

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division RAS SOLOMON FLEMING, Plaintiff, v. Civil Action No. 3:21cv137 TAMECA WOODLEY, et al., Defendants. MEMORANDUM OPINION The 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 § 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

). In his current Complaint, the plaintiff does not identify the particular constitutional right that was violated by the defendants’ conduct. Accordingly, by Memorandum Order entered on November 23, 2021, the Court directed the plaintiff to submit a particularized complaint within fourteen (14) days of the date of entry thereof. The Court warned the 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 November 23, 2021 Memorandum Order. The plaintiff failed to submit a particularized complaint or otherwise respond to the November 23, 2021 Memorandum Order. Accordingly, the action will be dismissed without prejudice. An appropriate order will accompany this Memorandum Opinion. Date: | & December 2021 Richmond, Virginia Is/ John A. Gibney, Jr. 7 Senior United StateS District Judge

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