Blackwell v. Fluvanna Correctional Center, No. 7:2016cv00162 - Document 11 (W.D. Va. 2016)
Court Description: MEMORANDUM OPINION. Signed by District Judge Elizabeth K. Dillon on 11/2/2016. (slt)
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Blackwell v. Fluvanna Correctional Center Doc. 11 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION PAMELA C. BLACKWELL, Plaintiff, v. FLUVANNA CORRECTIONAL CENTER, Defendant. ) ) ) ) ) ) ) Civil Action No. 7:16cv00162 By: Elizabeth K. Dillon United States District Judge MEMORANDUM OPINION Plaintiff Pamela C. Blackwell, a Virginia inmate proceeding pro se, filed a civil rights action pursuant to 42 U.S.C. § 1983, naming only the Fluvanna Correctional Center as a defendant. To state a cause of action under § 1983, a plaintiff must allege facts indicating that she 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). By order entered October 3, 2016, the court conditionally filed this action, advised Blackwell that her complaint failed to state a claim against the Fluvanna Correctional Center because a correctional center is not a person, and gave her seven days to amend her complaint to correct the deficiency. The court advised Blackwell that failure to amend the complaint would result in its dismissal. Blackwell responded but did not name a different defendant. Because a correctional center is not a “person” subject to suit under § 1983, Blackwell cannot maintain this action against the defendant correctional center. Garrett v. Angelone, 230 F.3d 1352, reported in full at 2000 U.S. App. LEXIS 22746, at *4, 20000 WL 1275318, at *1 (4th Cir. 2000) (citing Will v. Michigan Dep’t of State Police, 491 U.S. 58, 70 (1989)). Accordingly, the court will dismiss this action without prejudice pursuant to Dockets.Justia.com 28 U.S.C. § 1915A(b)(1). Entered: November 2, 2016. /s/ Elizabeth K. Dillon Elizabeth K. Dillon United States District Judge
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