United States District Court, Western District of Virginia, Roanoke Division
February 10, 2014
RANDALL GRAVELY, Plaintiff,
WESTERN VIRGINIA REGIONAL JAIL MEDICAL DEPARTMENT, Defendant.
Jackson L. Kiser Senior United States District Judge
Randall Gravely, a Virginia inmate proceeding pro se, filed a civil rights Complaint pursuant to 42 U.S.C. § 1983. Plaintiff names the Western Virginia Regional Jail Medical Department as the sole defendant. This matter is before me for screening, pursuant to 28 U.S.C. § 1915 and § 1915 A, because Plaintiff filed financial documents for leave to proceed in forma pauperis. After reviewing Plaintiffs submissions, I dismiss the Complaint without prejudice for failing to state a claim upon which relief may be granted.
I must dismiss any action or claim filed by an inmate if I determine that the action or claim is frivolous or fails to state a claim on which relief may be granted. See 28 U.S.C. §§ 1915(e)(2), 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 a "Medical Department" is not an appropriate defendant to a § 1983 action. Will v. Michigan Dep't of State Police, 491 U.S. 58, 70-71 (1989); see Ferguson v. Morgan. No. I:90cv06318, 1991 U.S. Dist. LEXIS 8295, 1991 WL 115759, at *1 (S.D.N.Y. June 20, 1991) (concluding that the Otisville Correctional Facility Medical Staff is not a person for purposes of § 1983). Accordingly, Plaintiff presently fails to state a claim upon which relief may be granted, and I dismiss the Complaint without prejudice, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and § 1915A(b)(l).