Rick Duwan Acree v. Mr. Aduzie, et al.

Summary

The United States District Court for the Eastern District of Virginia dismissed without prejudice a pro se former inmate's 42 U.S.C. § 1983 action. The court dismissed the case after the plaintiff failed to file a particularized complaint or otherwise respond to an order directing him to do so.

Holdings

1. A § 1983 plaintiff must allege that a person acting under color of state law deprived him or her of a constitutional right or a right conferred by federal law, and the pleading must provide each defendant fair notice of the facts and legal basis for liability.
2. When a plaintiff fails to submit a required particularized complaint or otherwise respond after being warned that noncompliance will result in dismissal, the action may be dismissed without prejudice.

Questions Presented

1. Whether the complaint should be dismissed when it fails to provide each defendant fair notice of the facts and legal basis for liability and the plaintiff fails to comply with an order requiring a particularized complaint.

Disposition

dismissed