JASON ANDREW ADAIR v. SOUTHWEST VIRGINIA REGIONAL JAIL AUTHORITY - DUFFIELD

• Court: District Court, W.D. Virginia
• Decided: April 9, 2026
• Docket: 7:25-cv-00768
• Status: Unknown

Opinion

ULORNOUPPIOE □□□ AT ROANOKE, VA FILED April 09, 2026 IN THE UNITED STATES DISTRICT COURT aura A. AUSTIN, CLERK POR THE WESTERN DISTRICT OF VIRGINIA | ay: ROANOKE DIVISION St Beeson □□ JASON ANDREW ADAIR, ) ) Plaintiff, ) Case No. 7:25-cv-00768 ) v. ) ORDER } SOUTHWEST VIRGINIA REGIONAL ) By: | Hon. Thomas T. Cullen JAIL AUTHORITY - DUFFIELD, ) United States District Judge ) Defendant. )

Plaintiff Jason Andrew Adair, proceeding pro se, filed a civil-rights action under 42 U.S.C. § 1983 against Defendant Southwest Virginia Regional Jail Authority - Duffield. (See ECF No, 1.) On March 3, 2026, the court advised Plaintiff that a jail is not a “person” subject to suit under § 1983, see Perdue v. Penalosa, 38 F.3d 1213, 1213 (4th Cir. 1994), and that, as written, his complaint failed to state a claim for relief under § 1983. (See ECF No. 6, at 1-2.) The court ordered Plaintiff to file an amended complaint within 30 days that corrected the deficiency identified and cautioned Plaintiff that failure to amend would result in dismissal of this action. (Id. at 2.) More than 30 days have elapsed, and Plaintiff has not filed an amended complaint. Under 28 U.S.C. § 1915A, the court has an obligation to screen prisoner filings and dismiss any complaint that “fails to state a claim upon which relief may be granted.” 28 U.S.C. § 1915A(b)(1). As noted above, Plaintiff may not pursue his claim against a jail because a jail is not a “person” within the meaning of § 1983. See Perdue, 38 F.3d at 1213. Accordingly, Plaintiff has not stated a claim for relief against Defendant. Because Plaintiffs original

complaint fails to state a claim for which relief may be granted and because Plaintiff did not file an amended complaint correcting this deficiency, the court will dismiss this action under 28 U.S.C. § 1915A(b)(1).

The Clerk is directed to forward a copy of this Memorandum Opinion and accompanying Order to Plaintiff. ENTERED this 9th day of April, 2026.

/s/ Thomas T. Cullen________________ HON. THOMAS T. CULLEN UNITED STATES DISTRICT JUDGE