December 5, 2013
DUSTIN C. WILSON, Plaintiff,
WALLENS RIDGE STATE PRISON, et al., Defendants.
NORMAN K. MOON, District Judge.
Dustin C. Wilson, a Virginia inmate proceeding pro se, brings this action under 42 U.S.C. § 1983 against Wallens Ridge State Prison and several correctional officers, alleging that he was subjected to excessive force and denied adequate medical care in December 2012. I find that Wilson has failed to state a claim against any of the named defendants and, therefore, I will dismiss his complaint without prejudice pursuant to 28 U.S.C. § 1915A(b)(1).
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). Inasmuch as Wilson alleges no facts against, or conduct committed by, any of the named defendants, I find that he has failed to state a claim under § 1983. Further, as Wallens Ridge State Prison is not a "person" subject to suit under § 1983, Wilson also cannot maintain his action against the defendant prison. See McCoy v. Chesapeake Correctional Center, 788 F.Supp. 890 (E.D. Va. 1992).
For these reasons, I will dismiss Wilson's § 1983 action without prejudice pursuant to § 1915A(b)(1) for failing to state a claim upon which relief may be granted.