Wilder v. New River Valley Regional Jail

Filing 9

MEMORANDUM OPINION. Signed by Judge Norman K. Moon on 6/7/2017. (tvt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
TRAVIS LEE WILDER,
Plaintiff,
v.
NEW RIVER VALLEY
REGIONAL JAIL,
Defendant.

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Civil Action No. 7:17cv00216
MEMORANDUM OPINION
By: Norman K. Moon
United States District Judge

Plaintiff Travis Lee Wilder, a Virginia inmate proceeding pro se, filed a civil rights
action pursuant to 42 U.S.C. § 1983, naming only the New River Valley Regional Jail 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 New River Valley Regional Jail is
not a “person” subject to suit under § 1983, Wilder 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 Wilder’s complaint without prejudice pursuant to 42 U.S.C.
§ 1997e(c)(1).
7th
ENTER: This _____ day of June, 2017.