Talford v. Bristol City Jail, No. 7:2013cv00411 - Document 11 (W.D. Va. 2013)

Court Description: MEMORANDUM OPINION. Signed by District Judge Michael F. Urbanski on 10/7/2013. (tvt)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION JAMAINE C. TALFORD, Plaintiff, v. BRISTOL CITY JAIL, Defendant. ) ) ) ) ) ) ) Civil Action No. 7:13-cv-00411 MEMORANDUM OPINION By: Hon. Michael F. Urbanski United States District Judge Jamaine C. Talford, a Virginia inmate proceeding pro se, filed a Complaint pursuant to 42 U.S.C. § 1983 with jurisdiction vested in 28 U.S.C. §§ 1331 and 1343. Plaintiff names the Bristol City Jail ( Jail ) as the sole defendant and complains about a breach of his private information and the medical care he received at the Jail. The court must dismiss the Complaint because Plaintiff fails to name a person acting under color of state law as a defendant. See, e.g., West v. Atkins, 487 U.S. 42, 48 (1988). Plaintiff names only the Jail as a defendant, which is not amenable to suit via § 1983. See Preval v. Reno, 57 F. Supp. 2d 307, 310 (E.D. Va. 1999) ( [T]he Piedmont Regional Jail is not a person, and therefore not amenable to suit under 42 U.S.C. § 1983. ), aff d in part and rev d in part, 203 F.3d 821 (4th Cir. 2000), reported in full-text format at 2000 U.S. App. LEXIS 465, at *3, 2000 WL 20591, at *1 ( The court also properly determined that the Piedmont Regional Jail is not a person and is therefore not amenable to suit under § 1983[.] ). Accordingly, Plaintiff presently fails to state a claim upon which relief may be granted, and the court dismisses the Complaint without prejudice, pursuant to 28 U.S.C. § 1915A(b)(1). The Clerk is directed to send copies of this Memorandum Opinion and the accompanying Order to Plaintiff. Entered: October 7, 2013 /s/ Michael F. Urbanski Michael F. Urbanski United States District Judge

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