# Brown v. Green

> District Court, E.D. Virginia · January 9, 2024

URL: https://www.frixlaw.com/law-library/cases/10690266

## Case

- **Court:** District Court, E.D. Virginia
- **Decided:** January 9, 2024
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10690266

## Opinion text

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
MONTA BROWN,
Plaintiff,
v. Civil Action No. 3:23cv428
LIEUTENANT T. GREEN, ai.,
Defendants.
MEMORANDUM OPINION
Plaintiff, a Virginia inmate proceeding pro se and in forma pauperis, filed this 42 U.S.C.
§ 1983 action. In order 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
conclusory allegations fail to provide each defendant with fair notice of the facts and legal basis
upon which his or her liability rests. See Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007)
(quoting Conley v. Gibson, 355 U.S. 41, 47 (1957)). Accordingly, by Memorandum Order
entered on November 20, 2023, the Court directed Plaintiff to submit a particularized complaint
within thirty (30) days of the date of entry thereof. The Court warned Plaintiff that the failure to
submit a particularized complaint would result in the dismissal of the action.

More than thirty (30) days have elapsed since the entry of the November 20, 2023
Memorandum Order. Plaintiff failed to submit a particularized complaint or otherwise respond
to the November 20, 2023 Memorandum Order. Accordingly, the action will be DISMISSED
WITHOUT PREJUDICE.
An appropriate order will accompany this Memorandum Opinion.

Date: 119 (6054 M. snl
Richmond, Virginia United States District Judge

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10690266. Public record. Not legal advice.