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, )
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?