IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division MARK A. RICH, Plaintiff, v. Civil Action No. 3:23¢v385 UNKNOWN, Defendant.

MEMORANDUM OPINION Plaintiff, a Virginia 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

). Plaintiffs 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 Ail. Corp. v. Twombly,

(2007) (quoting Conley v. Gibson,

(1957)). Accordingly, by Memorandum Order entered on

February 14, 2024, 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 a particularized complaint would result in the dismissal of the action.

More than thirty (30) days have elapsed since the entry of the February 14, 2024 Memorandum Order. Plaintiff failed to submit a particularized complaint or otherwise respond to the February 14, 2024 Memorandum Order. Accordingly, the action will be DISMISSED WITHOUT PREJUDICE. An appropriate final order will accompany this Memorandum Opinion.

1 yy Date: 2|60\600 M. Hannah auck! | Richmond, Virginia United States District Judge