Richardson v. Greg Ward (Sheriff) et al (INMATE2)

Filing 3

REPORT AND RECOMMENDATIONS that Plaintiff's claims against the Geneva County Jail be DISMISSED with prejudice prior to service of process pursuant to the provisions of 28 U.S.C. 1915(e)(2)(B)(i); that the Geneva County Jail be DISMISSED as a party to this complaint; and that this case with respect to the remaining defendants be referred back to the magistrate judge for additional proceedings. Objections to R&R due by 8/15/2005. Signed by Judge Delores R. Boyd on 8/3/2005. (cc, )

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Richardson v. Greg Ward (Sheriff) et al (INMATE2) Doc. 3 Case 1:05-cv-00709-MHT-DRB Document 3 Filed 08/03/2005 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA S O U T H ER N DIVISION _______________________________ D A V I D EDWARD RICHARDSON Plaintiff, v. GE NE VA COUNTY JAIL, et al., Defendants. _______________________________ * * * CIVIL ACTION NO. 1:05-CV-709-T (WO) * * R E C O M M E N D A TI O N OF THE MAGISTRATE JUDGE Plain tiff is currently incarcerated in the Geneva County Jail located in Geneva, A l a b a m a . He filed this 42 U.S.C. 1983 complaint on August 1, 2005. Plaintiff names as defen dants the Geneva County Jail, Sheriff Greg Ward, Carl Rowe, Donald Weeks, and Mrs. A m b e r . Upon review of the complaint, the court concludes that dismissal of Plaintiff's c la im s against the Geneva County Jail prior to service of process is appropriate under 28 U.S.C . 1915(e)(2)(B)(i). D I SC U S S I O N The Geneva County Jail is not a legal entity and, therefore, is not subject to suit or liabi lity under 1983. See Dean v. Barber, 951 F.2d 1210, 1214 (11th Cir. 1992). In light o f the foregoing, the court concludes that Plaintiff's claims against the Geneva County Jail are due to be dismissed. Id. Dockets.Justia.com Case 1:05-cv-00709-MHT-DRB Document 3 Filed 08/03/2005 Page 2 of 3 C O N C L U S IO N Ac cord ingly, it is the RECOMMENDATION of the Magistrate Judge that: 1 . Plaintiff's claims against the Geneva County Jail be DISMISSED with prejudice prior to service of process pursuant to the provisions of 28 U.S.C. 1915(e)(2)(B)(i); 2 . The Geneva County Jail be DISMISSED as a party to this complaint; and 3 . This case with respect to the remaining defendants be referred back to the und ersig ned for additional proceedings. It is further O R D E R E D that the parties are DIRECTED to file any objections to the said R e c o m m e n d a t i o n on or before August 15, 2005. Any objections filed must specifically identify the findings in the Magistrate Judge's Recommendation objected to. Frivolous, c o n c l u s iv e or general objections will not be considered by the District Court. The parties are a d v i s e d that this Recommendation is not a final order of the court and, therefore, it is not a p p e a l a b le . Failu re to file written objections to the proposed findings and recommendations in the M agistrate Judge's report shall bar the party from a de novo determination by the District Cou rt of issues covered in the report and shall bar the party from attacking on appeal factual f i n d in g s in the report accepted or adopted by the District Court except upon grounds of plain e r r o r or manifest injustice. Nettles v. Wainwright, 677 F.2d 404 (5 th Cir. 1982). See Stein v . Reynolds Securities, Inc., 667 F.2d 33 (11 th Cir. 1982). See also Bonner v. City of P r i c h a r d , 661 F.2d 1206 (11th Cir. 1981, en banc), adopting as binding precedent all of the 2 Case 1:05-cv-00709-MHT-DRB Document 3 Filed 08/03/2005 Page 3 of 3 d e c i s io n s of the former Fifth Circuit handed down prior to the close of business on S e p t e m b e r 30, 1981. D o n e this 3 rd day of August, 2005. /s/ Delores R. Boyd D E L O R ES R. BOYD U N I TE D STATES MAGISTRATE JUDGE 3

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