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Gregg v. Keen Mountain Correctional Center

United States District Court, W.D. Virginia, Roanoke Division.

June 23, 2014

VINCENT GREGG, Plaintiff,
v.
KEEN MOUNTAIN CORRECTIONAL CENTER, et al., Defendants.

MEMORANDUM OPINION

MICHAEL F. URBANSKI, District Judge.

Plaintiff Vincent Gregg, a Virginia inmate proceeding pro se, filed a pleading which the court construes as a civil rights action pursuant to 42 U.S.C. § 1983.[1] Gregg alleges that his personal property was lost during his transfer and names only Keen Mountain Correctional Center and River North Correctional Center as defendants to this action. 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 neither Keen Mountain Correctional Center nor River North Correctional Center is a "person" subject to suit under § 1983, the court finds that Gregg cannot maintain his action against the defendant correctional centers. See McCoy v. Chesapeake Correctional Center , 788 F.Supp. 890 (E.D. Va. 1992). Accordingly, the court will dismiss Gregg's complaint without prejudice pursuant to 28 U.S.C. § 1915A(b)(1) for failing to state a claim upon which relief could be granted.


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