Kevin Jacob Hahn v. Sergeant Wells, et al.
Kevin Jacob Hahn v. Sergeant Wells, et al.
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division KEVIN JACOB HAHN, Plaintiff, v. Civil Action No. 3:25CV508 SERGEANT WELLS, et □□□ Defendants. MEMORANDUM OPINION The plaintiff, a Virginia inmate proceeding pro se and in forma pauperis, filed this
42 U.S.C. § 1983action. 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). In his current complaint, the plaintiff does not identify the constitutional right that was violated by the defendants’ conduct. The plaintiffs current allegations also 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 October 29, 2025, the Court directed the plaintiff to submit a particularized complaint within thirty (30) days of the date of entry thereof. The Court warned the 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 October 29, 2025 Memorandum Order. The plaintiff failed to submit a particularized complaint or otherwise
respond to the October 29, 2025 Memorandum Order. Accordingly, the action will be DISMISSED WITHOUT PREJUDICE. An appropriate Order will accompany this Memorandum Opinion.
Date: \2fio/25 Richmond, Virginia fa S. John A. Gibney, Jr. Senior United States ‘Distri | Judge
Reference
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