Hagwood v. Pocahontas State Correctional Center, No. 7:2015cv00375 - Document 9 (W.D. Va. 2015)
Court Description: MEMORANDUM OPINION. Signed by Judge Norman K. Moon on 10/23/2015. (slt)
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Hagwood v. Pocahontas State Correctional Center Doc. 9 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION AMOUS TYRONE HAGWOOD, Plaintiff, v. POCAHONTAS CORRECTIONAL CENTER, Defendant. ) ) ) ) ) ) ) ) Civil Action No. 7:15cv00375 MEMORANDUM OPINION By: Norman K. Moon United States District Judge Plaintiff Amous Tyrone Hagwood, a Virginia inmate proceeding pro se, filed a civil rights action pursuant to 42 U.S.C. § 1983, naming only Pocahontas Correctional Center 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 Pocahontas Correctional Center is not a “person” subject to suit under § 1983, Hagwood cannot maintain this action against the defendant correctional center. See McCoy v. Chesapeake Correctional Center, 788 F. Supp. 890 (E.D. Va. 1992). Accordingly, I will dismiss Hagwood’s complaint without prejudice pursuant to 42 U.S.C. § 1997e(c)(1). 23rd ENTER: This _____ day of October, 2015. Dockets.Justia.com
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