Robertson v. CoCo

District Court, E.D. Virginia

Robertson v. CoCo

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division MARTINEZ JUAN ROBINSON, ) Plaintiff, Vv. Civil Action No. 3:22-cv-664-HEH MR. COCO, 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. (ECF No. 1.) 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

). Plaintiffs current allegations failed 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)). Accordingly, by Memorandum Order entered on March 8, 2023, the Court directed Plaintiff to submit a particularized complaint within thirty (30) days of the date of entry thereof. (Order, ECF No. 9.) The Court warned Plaintiff that the failure to submit the particularized complaint would result in the dismissal of the action. (See id.)

More than thirty (30) days have elapsed since the entry of the March 8, 2023 Memorandum Order. Plaintiff failed to submit a particularized complaint or otherwise respond to the March 8, 2023 Memorandum Order. Accordingly, the action will be dismissed without prejudice. An appropriate Final Order will accompany this Memorandum Opinion. AVM Henry E. Hudson Date: Aers\_ 11, 2023 Senior United States District Judge Richmond, Virginia

Reference

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