Jones v. Roanoke City Sheriff's Office, No. 7:2014cv00399 - Document 16 (W.D. Va. 2014)

Court Description: MEMORANDUM OPINION. Signed by District Judge Michael F. Urbanski on 11/21/2014. (tvt)

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Jones v. Roanoke City Sheriff's Office Doc. 16 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION OWAIIAN M. JONES, Plaintiff, ) ) ) v. ) ) ROANOKE CITY SHERIFF’S OFFICE, ) Defendant. ) Civil Action No. 7:14-cv-00399 MEMORANDUM OPINION By: Michael F. Urbanski United States District Judge Plaintiff Owaiian Jones, a Virginia inmate proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983, naming only the Roanoke City Sheriff’s Office as 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). However, the Roanoke City Sheriff’s Office is not a “person” amenable to suit via § 1983, and any claim against it must fail. Revene v. Charles County Comm’rs, 882 F.2d 870, 874 (4th Cir. 1989). Therefore, the court will dismiss this action without prejudice pursuant to 28 U.S.C. § 1915A(b)(1). Entered: November 21, 2014 Michael F. Urbanski Michael F. Urbanski United States District Judge Dockets.Justia.com

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