Tate v. Pleasant

• Court: District Court, E.D. Virginia
• Decided: December 31, 2020
• Docket: 3:20-cv-00085
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division

DERVON M. TATE, Plaintiff, v. Civil No. 3:20ev85(DJN) OFFICER PLEASANT, Defendant.

MEMORANDUM OPINION Plaintiff Dervon M. Tate (“Plaintiff”), a Virginia inmate proceeding pro se and in forma pauperis, filed this 42 U.S.C. § 1983 action. (ECF No. 1.) 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 the defendant with fair notice of the facts and legal basis upon which his liability rests. Accordingly, by Memorandum Order entered on October 22, 2020, the Court directed Plaintiff to submit a particularized complaint within fourteen (14) days of the date of entry thereof. (ECF No. 9.) 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 October 22, 2020 Memorandum Order. Plaintiff failed to submit a particularized complaint or otherwise respond to the October 22, 2020 Memorandum Order. Accordingly, the action will be DISMISSED WITHOUT PREJUDICE. An appropriate order will accompany this Memorandum Opinion. Let the Clerk file a copy of the Memorandum Opinion electronically and send a copy to Plaintiff.

/s/ | Vv David J. Novak United States District Judge Richmond, Virginia Dated: December 31, 2020