Harvey v. Hackett, No. 3:2016cv00347 - Document 13 (E.D. Va. 2016)
Court Description: MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 11/09/2016. Copy mailed to Plaintiff. (tjoh, )
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Harvey v. Hackett Doc. 13 p p NOV -92016 \jj IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division CLERK, U.S. DiSTRlCT COURT RICHMO.VD, VA RODNEY CONNELL HARVEY, Plaintiff, Civil Action No. V. 3:16CV347 MAJOR HACKETT, Defendant. MEMORANDUM OPINION Rodney Connell Harvey, and forma pauperis, order to state a a Virginia inmate proceeding pro se filed this 42 U.S.C. viable claim under § 42 1983 action. U.S.C. § In 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. Action Against Poverty in Roanoke Valley, Cir. 1998) (citing 42 U.S.C. Harvey fails facts and Accordingly, the to provide legal § 1983) . Court warned (14) basis upon days Harvey particularized complaint v. 145 F.3d 653, Total 658 (4th In his current Complaint, which of his entered Court directed Harvey to submit a fourteen Dowe the defendant with fair notice of by Memorandum Order within See the date that the would result liability on October the rests. 11, 2016, particularized complaint of entry failure in the to thereof. The submit the dismissal of the action. Dockets.Justia.com More than fourteen of the October submit a 11, 2016 (14) days have elapsed since the entry Memorandum Order. Harvey failed to particularized complaint or otherwise respond to the October 11, 2016 Memorandum Order. Accordingly, the action will be dismissed without prejudice. The Clerk is directed to send a copy of this Memorandum Opinion to Harvey. /s/ ^ Date: Robert E. Payne ^ S e n i o r ISiited States District Judge Richmond, Virginia
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