Moore v. Roach et al (INMATE 1)
RECOMMENDATION of the Magistrate Judge that: (1) the plaintiff's claim against the Coosa County Jail be dismissed with prejudice; (2) the Coosa County Jail be dismissed as a defendant in this cause of action; (3) this case, with respect to the plaintiff's claim against the remaining defendants, be referred back to the Magistrate Judge for appropriate proceedings. Objections to R&R due by 5/28/2007. Signed by Judge Susan Russ Walker on 5/28/07. (sl, )
Moore v. Roach et al (INMATE 1)
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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION TONY MOORE, Plaintiff, v. DR. ROACH, et al., Defendants. ) ) ) ) ) CIVIL ACTION NO. 2:07-CV-401-ID ) [WO] ) ) ) )
RECOMMENDATION OF THE MAGISTRATE JUDGE This is a 42 U.S.C. § 1983 action in which Tony Moore ["Moore"], a county inmate, alleges that the defendants have denied him necessary medical treatment for a hernia during his confinement in the Coosa County Jail. Upon review of the complaint, the court concludes that summary dismissal of the plaintiff's claim against the Coosa County Jail is appropriate pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(i).1 DISCUSSION Moore names the Coosa County Jail as a defendant in this cause of action. A county jail is not a legal entity subject to suit or liability under 42 U.S.C. § 1983. See Dean v. Barber, 951 F.2d 1210, 1214 (11th Cir. 1992). In light of the foregoing, the court
A prisoner who is allowed to proceed in forma pauperis in this court will have his complaint screened in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B). This screening procedure requires the court to dismiss a prisoner's civil action prior to service of process, regardless of the payment of a filing fee, if it determines that the complaint is frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary damages from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B)(i)-(iii).
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concludes that the plaintiff's claim against the Coosa County Jail is due to be dismissed. Id. CONCLUSION Accordingly, it is the RECOMMENDATION of the Magistrate Judge that: 1. The plaintiff's claim against the Coosa County Jail be dismissed with prejudice in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(i). 2. The Coosa County Jail be dismissed as a defendant in this cause of action. 3. This case, with respect to the plaintiff's claim against the remaining defendants, be referred back to the undersigned for appropriate proceedings. It is further ORDERED that on or before May 28, 2007 the parties may file objections to this Recommendation. Any objections filed must specifically identify the findings in the Magistrate Judge's Recommendation to which the party is objecting. Frivolous, conclusive or general objections will not be considered by the District Court. The parties are advised that this Recommendation is not a final order of the court and, therefore, it is not appealable. Failure to file written objections to the proposed findings and advisements in the Magistrate Judge's Recommendation shall bar the party from a de novo determination by the District Court of issues covered in the Recommendation and shall bar the party from attacking on appeal factual findings in the Recommendation accepted or adopted by the
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District Court except upon grounds of plain error or manifest injustice. Nettles v. Wainwright, 677 F.2d 404 (5th Cir. 1982). See Stein v. Reynolds Securities, Inc., 667 F.2d 33 (11th Cir. 1982). See also Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir. 1981, en banc), adopting as binding precedent all of the decisions of the former Fifth Circuit handed down prior to the close of business on September 30, 1981. DONE, this 14th day of May, 2007.
/s/ Susan Russ Walker SUSAN RUSS WALKER UNITED STATES MAGISTRATE JUDGE
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