IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division TIMOTHY SWINTON, Plaintiff, v. Civil Action No. 3:25¢ev215 DR. KOLONGO, Defendant.

MEMORANDUM OPINION Plaintiff, a former 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 the defendant with fair notice of the facts and legal basis upon which his or her liability rests. See Bell Ati. Corp. v. Twombly,

(2007) (quoting Conley v. Gibson,

(1957)). Accordingly, by Memorandum Order entered on June 27, 2025, the Court directed Plaintiff to submit a particularized complaint within thirty (30) days of the date of entry thereof. (ECF No. 9.) The Court warmed 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 June 27, 2025 Memorandum Order. Plaintiff failed to submit a particularized complaint or otherwise respond to the June 27, 2025 Memorandum Order. Accordingly, the action will be DISMISSED WITHOUT PREJUDICE. An appropriate Final Order will accompany this Memorandum Opinion. Date: 8/a5 lags M. Hann a Richmond, Virginia United States District Judge