Bright v. DeKalb County Jail, No. 1:2010cv03079 - Document 2 (N.D. Ga. 2010)

Court Description: ORDER AND OPINION DISMISSING the instant action WITHOUT PREJUDICE. The Clerk is DIRECTED to send Plaintiff the proper forms for filing a 42 USC § 1983 action should he wish to file a civil rights complaint. Signed by Judge Timothy C. Batten, Sr. on 10/14/2010. (alc)
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Bright v. DeKalb County Jail Doc. 2 I i IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION I ! ROY B. BRIGHT, Plaintiff, i I CIVIL RIGHTS 42ljJ.S.C. § 1983 v. i 1: 1 DEKALB COUNTY JAIL, Defendant. i ACTION NO. -3079-TCB I ORDER AND i Roy B. Bright, an inmate at the DeKalb County Jail in Decatur, Georgia, has submitted a document entitled, "Motion for Civil fAction," which the Clerk has filed as a civil rights action brought pursuant to 42 U.$.C. § 1983. However, it does not appear that Mr. Bright intended to file such an at this time. t ! In his letter, Mr. Bright makes general aUkgations that the jail has withheld legal and personal mail, deprived inmates ofmedical attention, denied access to the law library, and physically abused inmates. Mr. Bright also contends that a detective ! who works for Forsyth County gave false I in Mr. Bright's state criminal I proceedings in order to obtain a conviction. It fPpears that Mr. Bright seeks the I proper documents for filing a civil rights action. I I I Mr. Bright has failed to make any specific lallegations regarding his personal experience at the jail, and he has not named a I defendant. In order to state a I A072A (Rev.8/82) I i Dockets.Justia.com claim, a complaint must contain "enough factual (taken as true)" to "give the defendant fair notice of what the ... claim is anJ the grounds upon which it rests." Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 155-56, 127 S. Ct. 1955, 1964-65 I (2007) (noting that "[f]actual allegations must bF enough to raise a right to relief above the speculative level," and complaint I contain something more ... than ... statement of facts that merely creates a susPiJion [of! a legally cognizable right I of action"). Furthermore, the DeKalb County IJail "is merely a building, not a 'person' subjectto suit under 42 U.S.C. § 1983." I v. Blanco, Civ. Action No. 07-215,2007 WL 2264285 at *4 (E.D. La. Aug. 1, 2007); see also Pilgrim v. Hall , County Detention Center, Civ. Action No. 2:08-iCV-048-RWS, 2008 WL 879435 I (N.D. Ga. March 28, 2008); Powell v. Cook Cqunty Jail, 814 F. Supp. 757, 758 (N.D. IlL 1993); Post v. City ofFort Lauderdale, 150 F. Supp. 1131 (S.D. Fla. 1990) i i (holding neither city police department nor its and zoning department were i "persons" subject to liability for violating I civil rights statute); Brooks v. Pembroke City Jail, 722 F. Supp. 1294, 1301 (E. . N.C. 1989). As the Court finds that Mr. Bright did not intend to file a civil action at this I time, IT IS ORDERED that the instant actidn be DISMISSED WITHOUT 2 I ! AD 72A (Rev.8/82) I PREJUDICE. The Clerk is DIRECTED to set1d Mr. Bright the proper forms for i I filing a 42 U.S.C. § 1983 action should he wish I file a civil rights complaint. I IT IS SO ORDERED this 14th day ofOJober, 2010. I i C. By\TTEN, SR. TIMOTHY UNITED STATIES DISTRICT JUDGE 3 A072A (Rev.8/82)