Armbruster v. Shihan

District Court, E.D. Virginia

Armbruster v. Shihan

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division KYLE ARMBRUSTER, Plaintiff, v. Civil Action No. 3:24ev545 S. SHIHAN, ef al., Defendants. MEMORANDUM OPINION 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

). 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,

550 U.S. 544, 555

(2007) (quoting Conley v. Gibson,

355 U.S. 41, 47

(1957)). Accordingly, by Memorandum Order entered on November 22, 2024, the Court directed Plaintiff to submit a particularized complaint within thirty (30) days of the date of entry thereof. (ECF No. 10, at 2.) The Court warned Plaintiff that the failure to submit a particularized complaint would result in the dismissal of the action. (ECF No. 10, at 2.) More than thirty (30) days have elapsed since the entry of the November 22, 2024 Memorandum Order. Plaintiff failed to submit a particularized complaint or otherwise respond

to the November 22, 2024 Memorandum Order. Accordingly, the action will be DISMISSED WITHOUT PREJUDICE. An appropriate Final Order will accompany this Memorandum Opinion.

Date: \ \W4 \Q05) M. Tao iE Richmond, Virginia United Statds District Judge

Reference

Status
Unknown