Hines v. Sapp

District Court, E.D. Virginia

Hines v. Sapp

Trial Court Opinion

7 {| □□□ IN THE UNITED STATES DISTRICT COURT GC □□□ FOR THE EASTERN DISTRICT OF VIRGINIA ‘ és ted | MAY □□ 2022 Richmond Division Dis Tt ox Peete CLERK, U.S DISTRIC □□□□ TYRONE F. HINES, ) nen ni ) Plaintiff, Vv. ) Civil Action No. 3:21CV451—-HEH ) B. SAPP, et al., ) ) Defendants. ) MEMORANDUM OPINION (Dismissing Action Without Prejudice) 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

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

). In his current complaint, 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 Plaintiff to submit a particularized complaint within fourteen (14) days of the date of entry thereof. The Court warned 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. 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. Nov” /s/ Henry E. Hudson Date: Das ll 2022. Senior United States District Judge Richmond, Virginia

Reference

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