Cornell v. Virginia Department Of Corrections

District Court, E.D. Virginia

Cornell v. Virginia Department Of Corrections

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division JUSTIN CORNELL, Plaintiff, v. Civil No. 3:23cv489 (DJN) VIRGINIA DEPARTMENT OF CORRECTIONS, et ai., Defendants. MEMORANDUM OPINION . Plaintiff, a Virginia inmate proceeding pro se and in forma pauperis, filed this

42 U.S.C. § 1983

action. 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 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

). 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. 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. (ECF No. 13.) The Court warned Plaintiff that the failure to submit the particularized complaint would result in the dismissal of the action. (/d.) By Memorandum Order entered on March 25, 2024, the Court granted Plaintiff an extension of twenty (20) days from the date of entry thereof to file particularized complaint. More than twenty (20) days have elapsed since the entry of the March 25, 2024 Memorandum Order. (ECF No. 15.) Plaintiff failed to submit a particularized complaint. Accordingly, the

action will be DISMISSED WITHOUT PREJUDICE. Plaintiff's outstanding Motions (ECF Nos. 6, 11-12) will be DENIED. An appropriate Final Order will accompany this Memorandum Opinion. Let the Clerk file a copy of the Memorandum Opinion electronically and send a copy to Plaintiff.

/s/ | □ Vv David J. Novak United States District Judge Richmond, Virginia Dated: April 18, 2024

Reference

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