Ralls v. Ober
3:25-cv-00590
E.D. Va.
Jan 8, 2026
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Docket
                  IN THE UNITED STATES DISTRICT COURT 
                 FOR THE EASTERN DISTRICT OF VIRGINIA 
                              Richmond Division 
TEX A. RALLS, II, 
           Plaintiff, 
     Vv.                                         Civil Action No.  3:25ev590 
PETER OBER, 
           Defendant. 

                          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
).  In his current 
Complaint, Plaintiff does not identify the particular constitutional right that was violated by the 
defendant’s conduct.  Plaintiff's current allegations also 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. 9.) 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. 

       {                                                       s/ 
Date:   }|  iS] QORXLe                                 M. Hannah    Rau 
Richmond,   Virginia                                    Chief United   State$  District Judge