Bone v. Sands
3:25-cv-00564
E.D. Va.
Jan 8, 2026
Check Treatment
Docket
                 IN THE UNITED STATES DISTRICT COURT 
                 FOR THE EASTERN DISTRICT OF VIRGINIA 
                              Richmond Division 
DAVID BONE, 
           Plaintiff, 
     v.                                         Civil Action No.  3:25¢v564 
NURSE SANDS, et al., 
           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 
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 19, 2025, the Court directed Plaintiff to submit a particularized complaint within 
thirty (30) days of the date of entry thereof.  (ECF No. 10.)  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 19, 2025 
Memorandum Order.  Plaintiff failed to submit a particularized complaint or otherwise respond 
to the November 19, 2025 Memorandum Order.  Accordingly, the action will be DISMISSED 
WITHOUT PREJUDICE. 
     An appropriate Final Order will accompany this Memorandum Opinion. 


Date:      6  |  20 Le                            M. Hannah La 
Richmond, Virginia                                    Chief United States District Judge