Benitez-Giron v. Myer

• Court: District Court, E.D. Virginia
• Decided: February 28, 2020
• Docket: 3:19-cv-00617
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FEB 2 8 2000 FOR THE EASTERN DISTRICT OF VIRGINIA □ Richmond Division CLERK US DISTRICT COURT GEOVANNI BENITEZ-GIRON, ) Plaintiff, v. Civil Action No. 3:19CV617—HEH THOMAS MYER, et ai., Defendants. MEMORANDUM OPINION (Dismissing Action Without Prejudice) 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 complaint fails to provide the defendants with fair notice of the facts and law upon which their liability is based. Accordingly, by Memorandum Order entered on January 14, 2020, 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. More than fourteen (14) days have elapsed since the entry of the January 14, 2020 Memorandum Order. Plaintiff failed to submit a particularized complaint or otherwise

respond to the January 14, 2020 Memorandum Order. Accordingly, the action will be —

dismissed without prejudice. An appropriate order will accompany this Memorandum Opinion. J y /s/ HENRY E. HUDSON Date: □□□ □ %,2020 SENIOR UNITED STATES DISTRICT JUDGE Richmond, Virginia

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