United States District Court, Eastern District of Virginia, Richmond Division
May 8, 2015
WAYNE JEFFREY BRIDGES, Plaintiff,
CORIZON PRISON HEALTH MANAGEMENT, et. al., Defendants.
M. Hannah Lauck United States District Judge
Plaintiff, a former 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). 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 BellAtl. 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 March 19, 2015, the Court directed Plaintiff to submit a particularized complaint within fourteen (14) days of the date of entry thereof. The Court warned Plaintiff that the failure to submit the particularized complaint would result in the dismissal of the action. See Fed. R. Civ. P. 41(b).
More than fourteen (14) days have elapsed since the entry of the March 19, 2015 Memorandum Order. Plaintiff failed to submit a particularized complaint or otherwise respond to the March 19, 2015 Memorandum Order. Accordingly, the action will be DISMISSED WITHOUT PREJUDICE.
An appropriate Order will accompany this Memorandum Opinion.