Summary
The court dismissed without prejudice a pro se federal inmate's 42 U.S.C. § 1983 action because the complaint failed to provide fair notice of the facts and legal basis for the defendant's liability. The dismissal followed the plaintiff's failure to file a required particularized complaint or otherwise respond to the court's October 16, 2025 order.
Holdings
- The action must be dismissed without prejudice because Plaintiff failed to submit the required particularized complaint or otherwise respond to the court's order within the prescribed thirty-day period.
- A viable § 1983 claim requires allegations that a person acting under color of state law deprived the plaintiff of a constitutional right or a right conferred by federal law.
Questions Presented
- Whether the action should be dismissed without prejudice after Plaintiff failed to submit a particularized complaint as ordered by the court.
Disposition
dismissed
Cases Cited (1)
- Dowe v. Total Action Against Poverty in Roanoke Valley, 145 F.3d 653, 658 (4th Cir.)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…