Bailey v. Southwest Virginia Regional Jail-Duffield

Filing 9

MEMORANDUM OPINION. Signed by Judge Norman K. Moon on 8/25/2016. (tvt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
STONEY JAMES BAILEY,
Plaintiff,
v.
SOUTHWEST VIRGINIA
REGIONAL JAIL- DUFFIELD,
Defendant.

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Civil Action No. 7:16cv00367
MEMORANDUM OPINION
By: Norman K. Moon
United States District Judge

Plaintiff Stoney James Bailey, a Virginia inmate proceeding pro se, filed a civil rights
action pursuant to 42 U.S.C. § 1983, naming only the Southwest Virginia Regional Jail in
Duffield as a defendant. To state a cause of action under § 1983, a plaintiff must allege facts
indicating that he has been deprived of rights guaranteed by the Constitution or laws of the
United States and that this deprivation resulted from conduct committed by a person acting
under color of state law.

West v. Atkins, 487 U.S. 42 (1988) (emphasis added).

As the

Southwest Virginia Regional Jail is not a “person” subject to suit under § 1983, Bailey cannot
maintain this action against the defendant jail. See McCoy v. Chesapeake Correctional Center,
788 F. Supp. 890 (E.D. Va. 1992). Accordingly, I will dismiss Bailey’s complaint without
prejudice pursuant to 42 U.S.C. § 1997e(c)(1).
25th
ENTER: This _____ day of August, 2016.