Gelardos v. Ohai et al, No. 3:2010cv00779 - Document 22 (E.D. Va. 2011)
Court Description: MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 12/12/11. Copy sent: Yes(tdai, )
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IN THE UNITED FOR THE STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA Richmond Division MARINOS N. GELARDOS, Plaintiff, v. Civil Action No. PAUL OHAI, 3:10CV779 et al., Defendants. MEMORANDUM OPINION Marinos N. Gelardos, in forma pauperis, allegations in a Virginia inmate proceeding pro se and filed this Gelardos's 42 U.S.C. complaint § 1983 failed action. to The provide each defendant with fair notice of the facts and legal basis upon which his or her liability rests. U.S. 544, (1957)); 555 (2007) Potter v. See Bell Atl. Corp. (quoting Conley v. Gibson, Clark, 497 F.2d 1206, 1207 v. Twombly, 355 U.S. (7th 41, Cir. 550 47 1974) ("Where a complaint alleges no specific act or conduct on the part of the defendant and the complaint is silent as to the defendant except for his name appearing in the caption, the complaint is properly dismissed, even under the liberal construction to be given pro se complaints." (citing Brzozowski v. 306, 1968))). 312 (E.D. Pa. entered on September 15, Accordingly, Randall, 281 F. Supp. by Memorandum Order 2011, the Court directed Gelardos, within twenty-one (21) days of the date of entry thereof, to particularize his complaint in conformance with the Court's instructions. The Court warned Gelardos that the failure to comply with the directives of the September 15, 2011 Memorandum Order would result in the dismissal of the action. See Fed. R. Civ. P. 41(b). More than twenty-one (21) days have elapsed since the entry of the September responded. 15, 2011 Memorandum Order and Gelardos has not Such actions demonstrate a wilful failure to prosecute. Accordingly, the action will be DISMISSED WITHOUT PREJUDICE. The Clerk is directed to mail a copy of the Memorandum Opinion to Gelardos. It is so ORDERED. Is/ Jl£l_ Robert E. Payne Senior United States District Judge Richmond, Virginia Date:_4Lcc**-*£*^&y W'
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