IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
DAVID EDWARD RICHARDSON
* CIVIL ACTION NO. 1:05-CV-709-T
GENEVA COUNTY JAIL, et al.,
RECOMMENDATION OF THE MAGISTRATE JUDGE
Plaintiff is currently incarcerated in the Geneva County Jail located in Geneva,
Alabama. He filed this 42 U.S.C. § 1983 complaint on August 1, 2005. Plaintiff names as
defendants the Geneva County Jail, Sheriff Greg Ward, Carl Rowe, Donald Weeks, and Mrs.
Amber. Upon review of the complaint, the court concludes that dismissal of Plaintiff's
claims against the Geneva County Jail prior to service of process is appropriate under 28
U.S.C. § 1915(e)(2)(B)(i).
The Geneva County Jail is not a legal entity and, therefore, is not subject to suit or
liability under § 1983. See Dean v. Barber, 951 F.2d 1210, 1214 (11th Cir. 1992). In light
of the foregoing, the court concludes that Plaintiff's claims against the Geneva County Jail
are due to be dismissed. Id.
Case 1:05-cv-00709-MHT-DRB Document 3 Filed 08/03/2005 Page 1 of 3
Richardson v. Greg Ward (Sheriff) et al (INMATE2)
Accordingly, it is the RECOMMENDATION of the Magistrate Judge that:
1. Plaintiff's claims against the Geneva County Jail be DISMISSED with prejudice
prior to service of process pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(i);
2. The Geneva County Jail be DISMISSED as a party to this complaint; and
3. This case with respect to the remaining defendants be referred back to the
undersigned for additional proceedings.
It is further
ORDERED that the parties are DIRECTED to file any objections to the said
Recommendation on or before August 15, 2005. Any objections filed must specifically
identify the findings in the Magistrate Judge's Recommendation objected to. Frivolous,
conclusive or general objections will not be considered by the District Court.