Grove v. Blue Ridge Regional Jail, No. 7:2012cv00622 - Document 7 (W.D. Va. 2013)
Court Description: MEMORANDUM OPINION. Signed by Judge Norman K. Moon on 0/14/2013. (kab)
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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION JAYSEN LEE GROVE, Plaintiff, v. BLUE RIDGE REGIONAL JAIL, Defendant. ) ) ) ) ) ) ) Civil Action No. 7:12cv00622 MEMORANDUM OPINION By: Norman K. Moon United States District Judge Plaintiff Jaysen Lee Grove, proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983 against the Blue Ridge Regional Jail, alleging that he was robbed, abducted, tied up, and beat for about 4 hours at the Halifax Adult Detention Center. I find that the Blue Ridge Regional Jail is not a proper defendant to a § 1983 action. Accordingly, I will dismiss Grove s complaint pursuant to 28 U.S.C. § 1915A(b)(1). Grove names only the Blue Ridge Regional Jail as defendant to this action. 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). As the Blue Ridge Regional Jail is not a person subject to suit under § 1983, Grove cannot maintain his action against the defendant jail. See McCoy v. Chesapeake Correctional Center, 788 F. Supp. 890 (E.D. Va. 1992). Therefore, I will dismiss this action. The Clerk of the Court is directed to send copies of this memorandum opinion and the accompanying order to the parties. ENTER: This 14th day of January, 2013.
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