Kersey v. Rockbridge Regional Jail

Opinion

CLERK'S OFFICE U.S. DIST. COURT AT ROANOKE, VA FILED IN THE UNITED STATES DISTRICT COURT September 13, 2024 FOR THE WESTERN DISTRICT OF VIRGINIA )AVRAA AUSTIN, CLERK ROANOKE DIVISION © Is/T. Taylor DEPUTY CLERK GREGORY ALLEN KERSEY, ) ) Plaintiff, ) Case No. 7:24-cv-00428 ) v. ) MEMORANDUM OPINION ) ROCKBRIDGE REGIONAL JAIL, ) By: — Hon. Thomas T. Cullen ) United States District Judge Defendant. )

Plaintiff Gregory Allen Kersey, proceeding pro se, filed a civil-rights action under 42 U.S.C. § 1983 naming the Rockbridge Regional Jail as the sole defendant. (See Compl. [ECF No. 1].) Because a jail is not a “person” subject to suit under § 1983, see Perdue v. Penalosa, 38 F.3d 1213, 1213 (4th Cir. 1994), the Court advised Plaintiff that his complaint failed to state a claim for relief under § 1983 against the named defendant and ordered Plaintiff to file an amended complaint correcting this deficiency. (See Order, July 19, 2024 [ECF No. 5].) Plaintiff subsequently filed an amended complaint which largely restates the limited allegations in his original complaint and which, again, names the Rockbridge Regional Jail as the only defendant. (See Am. Compl. [ECF No. 6].) Because Plaintiff's amended complaint did not correct the identified deficiency and still fails to state a claim under § 1983 against the named defendant, 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 the accompanying Order to Plaintiff. ENTERED this 13th of September, 2024. [s/ Thomas T. Cullen HON. THOMAS T. CULLEN UNITED STATES DISTRICT JUDGE