Opinion
Case Number: 07-CV-15044.
December 12, 2007
ORDER OF SUMMARY DISMISSAL
Plaintiff LaWuan Modock, who is currently on probation from a controlled substances conviction, has filed a pro se civil rights complaint pursuant to 42 U.S.C. § 1983. Plaintiff is proceeding without prepayment of the filing fee in this action under 28 U.S.C. § 1915(a)(1). After careful consideration, pursuant to 28 U.S.C. § 1915(e)(2), the Court dismisses the complaint because Plaintiff fails to state a claim upon which relief may be granted.
28 U.S.C. § 1915(e)(2) provides, in pertinent part:
Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that —
. . .
(B) the action or appeal —
. . .
(ii) fails to state a claim upon which relief may be granted . . .
Plaintiff alleges that, while incarcerated at the Dickerson Correctional Facility, he was exposed to black mold. He alleges that the black mold and a poor ventilation system caused him health problems including difficulty breathing and headaches. He names a single defendant, Dickerson Correctional Facility, and seeks monetary relief.
The Dickerson Correctional Facility is a jail maintained by the Sheriff's Department of Wayne County. See www.waynecounty.com/sheriff/jails.html. "A county jail is not a proper entity to sue under § 1983." Jacobs v. Pulaski County Jail, No. 4:07CV00615, 2007 WL 2609586, * 2 (E.D. Ark. Sept. 05, 2007); see also Thomas v. McCracken County, No. 5:06CV-P34-R, 2006 WL 3420299, * 2 (W.D. Ky. Nov. 28, 2006) (holding that a county jail is not a "person" who may be sued under § 1983); Harvey v. Ridge, 2007 WL 674710, *6 n. 7 (D. N.J. Feb. 28, 2007) (same).
The Court concludes that the Dickerson Correctional Facility is not a person who may be sued under § 1983. Accordingly, IT IS ORDERED that Plaintiff's complaint is DISMISSED.