1. A prisoner who is allowed to proceed in forma pauperis in this court will have his complaint screened
in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B). This screening procedure requires the court to
dismiss a prisoner’s civil action prior to service of process, regardless of the payment of a filing fee, if it
determines that the complaint is frivolous, malicious, fails to state a claim upon which relief may be granted, or
seeks monetary damages from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B)(i)-(iii).
IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
JEREMIAH W. GREEN,
) CIVIL ACTION NO. 2:06-CV-667-WKW
ELMORE COUNTY JAIL, et al.,
RECOMMENDATION OF THE MAGISTRATE JUDGE
This is a 42 U.S.C. § 1983 action in which the plaintiff, Jeremiah W. Green
[“Green”], a federal inmate, challenges actions taken against him during his confinement
in the Elmore County Jail.
Upon review of the complaint, the court concludes that summary dismissal of the
plaintiff’s claims against the Elmore County Jail is appropriate pursuant to the provisions
of 28 U.S.C. § 1915(e)(2)(B)(i).1
Green names the Elmore County Jail as a defendant in this cause of action. A
county jail is not a legal entity subject to suit or liability under section 1983. Cf. Dean v.
Case 2:06-cv-00667-WKW-WC Document 6 Filed 07/28/2006 Page 1 of 3
Green v. Elmore County Jail et al (INMATE2)
Barber, 951 F.2d 1210, 1214 (11th Cir. 1992). In light of the foregoing, the court
concludes that the plaintiff's claims against the Elmore County Jail are due to be dismissed.
Accordingly, it is the RECOMMENDATION of the Magistrate Judge that:
1. The plaintiff’s claims against the Elmore County Jail and his challenge to the lack
of a timely response to his inmate grievance be dismissed with prejudice pursuant to the
provisions of 2