Opinion
Civil Action No. 7:15cv00663
12-29-2015
JOSHUA STACY, Plaintiff, v. HAYSI REGIONAL JAIL, Defendant.
MEMORANDUM OPINION
Plaintiff Joshua Stacy, a Virginia inmate proceeding pro se, filed a civil rights action pursuant to 42 U.S.C. § 1983, naming only the Haysi 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 Haysi Regional Jail is not a "person" subject to suit under § 1983, Stacy 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 Stacy's complaint without prejudice pursuant to 42 U.S.C. § 1997e(c)(1).
ENTER: This 29th day of December, 2015.
/s/_________
NORMAN K. MOON
UNITED STATES DISTRICT JUDGE