IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division ANTONIO CAPONE, Plaintiff, v. Civil Action No. 3:23CV30 INDIAN CREEK CORRECTIONAL CENTER, et al, Defendants. MEMORANDUM OPINION Plaintiff, a federal inmate proceeding pro se and in forma pauperis, filed this

action. In order to state a viable claim under

, 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,

(4th Cir. 1998) (citing

). Neither “inanimate objects such as buildings, facilities, and grounds” nor collective terms such as “staff” or “agency” are persons amenable to suit under § 1983. Lamb v. Library People Them, No. 3:13-3-CMC-BHH,

, at *2-3 (D.S.C. Jan. 22, 2013) (citations omitted) (internal quotations omitted) (explaining the plaintiff's “use of the collective term ‘people them’ as a means to name a defendant in a § 1983 claim does not adequately name a ‘person’”); see Preval v. Reno, No. 99-6950,

, at *1 (4th Cir. 2000) (citations omitted) (affirming district court’s determination that Piedmont Regional Jail is not a “person” under § 1983). Plaintiff'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,

(2007) (quoting Conley v. Gibson,

(1957)). Accordingly, by Memorandum

Order entered on July 18, 2023, the Court directed Plaintiff to submit a particularized complaint within thirty (30) days of the date of entry thereof. The Court warned Plaintiff that the failure to submit the particularized complaint would result in the dismissal of the action. More than thirty (30) days have elapsed since the entry of the July 18, 2023 Memorandum Order. Plaintiff failed to submit a particularized complaint or otherwise respond to the July 18, 2023 Memorandum Order. Accordingly, the action will be DISMISSED WITHOUT PREJUDICE. An appropriate Order will accompany this Memorandum Opinion.

Date: 77 bet 2723

John A. Gibney, Jr. / Senior United States(Distyict Judge