Al-Hakim v. Lee County Justice Center et al (INMATE2)

Filing 5

REPORT AND RECOMMENDATIONS re 1 Inmate 1983 Complaint filed by Amir Abdul Al-Hakim, it is the Recommendation of the Mag Judge that Plaintiff's claims against the Lee County Justice Center be dismissed with prejudice prior to service of process pursuant to the provisions of 28 USC 1915(3)(2)(B)(i); It is further Recommendation of the Mag Judge that this case be referred back to the undersigned for further proceedings; Objections to R&R due by 12/11/2006. Signed by Judge Charles S. Coody on 11/28/06. (vma, )

Al-Hakim v. Lee County Justice Center et al (INMATE2)

Doc. 5

Case 3:06-cv-01049-MEF-CSC

Document 5

Filed 11/28/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA E A S T E R N DIVISION ______________________________ B R O . AMIR ABDUL AL-HAKIM P l a in tif f , v. L E E CO. JUSTICE CTR., et al., D e f e n d a n ts . ______________________________ * * * * * 3:06-CV-1049-MEF (WO)

R E C O M M E N D A T I O N OF THE MAGISTRATE JUDGE P la in ti f f , an inmate incarcerated at the Lee County Detention Facility in Opelika, A la b a m a , filed this 42 U.S.C. § 1983 action on November 21, 2006. He alleges that various c o n d itio n s of confinement at the facility violate his constitutional rights. The Lee County Ju stice Center is one of the named defendants. Upon review of the complaint, the court c o n c lu d e s that dismissal of Plaintiff's claims against the Justice Center prior to service of p roc ess is appropriate under 28 U.S.C. § 1915(e)(2)(B)(i).1 D IS C U S S IO N Plaintiff names the Lee County Justice Center as one of the defendants to this cause

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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Dockets.Justia.com

Case 3:06-cv-01049-MEF-CSC

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Filed 11/28/2006

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o f action. A county facility is not a legal entity subject to suit or liability under section 1983. C f. Dean v. Barber, 951 F.2d 1210, 1214 (11th Cir. 1992). In light of the foregoing, the c o u r t concludes that Plaintiff's claims against the Lee County Justice Center are due to be d is m is s e d . Id. CONCLUSION A c c o rd in g ly, it is the RECOMMENDATION of the Magistrate Judge that Plaintiff's c la im s against the Lee County Justice Center be DISMISSED with prejudice prior to service o f process pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(i). It is further the R E C O M M E N D A T IO N of the Magistrate Judge that this case be referred back to the u n d e r s ig n e d for further 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 tio n on or before December 11, 2006. Any objections filed must specifically id e n tif y the findings in the Magistrate Judge's Recommendation to which a party is objecting. F r iv o lo u s , conclusive or general objections will not be considered by the District Court. The p a rtie s are advised that this Recommendation is not a final order of the court and, therefore, it is not appealable. F a ilu re to file written objections to the proposed findings and recommendations in the M a g is tra te Judge's report shall bar the party from a de novo determination by the District C o u rt of issues covered in the report and shall bar the party from attacking on appeal factual

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f in d in g s in the report accepted or adopted by the District Court except upon grounds of plain e rr 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 ic h a r d , 661 F.2d 1206 (11 th Cir. 1981) (en banc), adopting as binding precedent all of the 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 te m b e r 30, 1981. D o n e this 28 th day of November, 2006.

/s/Charles S. Coody CHARLES S. COODY C H IE F UNITED STATES MAGISTRATE JUDGE

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