Satterwhite v. Gregory
Satterwhite v. Gregory
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division
RANDOLPH F. SATTERWHITE, JR., Plaintiff, Vv. Civil Action No. 3:21cv371 ALYSSA GREGORY, et al., Defendants.
MEMORANDUM OPINION The plaintiff, a Virginia inmate proceeding pro se and in forma pauperis, filed this
42 U.S.C. § 1983action. 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 each defendant’s conduct or 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). Accordingly, by Memorandum Order entered on April 4, 2022, the Court directed the plaintiff to submit a particularized complaint within fourteen (14) days of the date of entry thereof. (ECF No. 10.) The Court warned the plaintiff that 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 April 4, 2022 Memorandum Order. The plaintiff has failed to submit a particularized complaint or otherwise respond to the April 4, 2022 Memorandum Order. Accordingly, the action will be dismissed without prejudice.
An appropriate order will accompany this Memorandum Opinion.
Isl John A. Gibney, Jr. Date: |2mtay 2022 Senior United States District Judge Richmond, Virginia
Reference
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