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Adkins v. Danville City Jail

United States District Court, Fourth Circuit

October 24, 2013

BARBARA FAYE ADKINS, Plaintiff,
v.
DANVILLE CITY JAIL, Defendant.

MEMORANDUM OPINION

Hon. Michael F. Urbanski, United States District Judge

Barbara Faye Adkins, a Virginia inmate proceeding pro se, filed a civil rights action pursuant to 42 U.S.C. § 1983. The court must dismiss any action or claim filed by an inmate if the court determines that the action or claim is frivolous or fails to state a claim on which relief may be granted. See 28 U.S.C. § 1915A(b)(l); 42 U.S.C. § 1997e(c). To state a claim under § 1983, a plaintiff must allege "the violation of a right secured by the Constitution and laws of the United States, and must show that the alleged deprivation was committed by a person acting under color of state law." West v. Atkins. 487 U.S. 42, 48 (1988). However, Plaintiff fails to name a person subject to liability via §1983 because she names only the Danville City Jail as a defendant. See McCov v. Chesapeake Corr. Ctr.. 788 F.Supp. 890, 894 (E.D. Va. 1992) (reasoning local jails are not appropriate defendants to § 1983 actions). 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)(l).

The Clerk is directed to send copies of this Memorandum Opinion and the accompanying Order to Plaintiff.


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