IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION

BRANDON S. LAMBERT, ) ) Plaintiff, ) Case No. 7:20CV00001 ) v. ) OPINION ) ) By: James P. Jones MIDDLE RIVER REGIONAL JAIL, ) United States District Judge ) Defendant. )

Brandon S. Lambert, Pro Se Plaintiff.

The plaintiff, a Virginia inmate proceeding pro se, filed this civil rights action pursuant to

, alleging that an officer at a local jail used excessive force against him. After review of the record, I conclude that the action must be summarily dismissed. Under 42 U.S.C. § 1997e(c)(1), the court may dismiss a prisoner’s civil action concerning prison conditions “if the court is satisfied that the action is frivolous, malicious, [or] fails to state a claim upon which relief can be granted.” A frivolous claim is one that “lacks an arguable basis either in law or in fact.” Neitzke v. Williams,

(1989) (interpreting “frivolous” in former version of

(d)). To state a cause of action under §1983, a plaintiff must establish that he has been deprived of rights guaranteed by the Constitution or laws of the United States

and that this deprivation resulted from conduct committed by a person acting under color of state law. West v. Atkins,

(1988). The only entity that Lambert names as a defendant in this case is the jail itself. The jail, however, is not

a person subject to suit under § 1983. McCoy v. Chesapeake Corr. Ctr.,

(E.D. Va. 1992). Because Lambert’s complaint presents no legal basis for a claim actionable under § 1983 against the only defendant he has named, the court will summarily

dismiss this action without prejudice under § 1997e(c)(1) as frivolous.1 A separate Order will be entered herewith. DATED: February 3, 2020

/s/ JAMES P. JONES United States District Judge

1 I note that Lambert also filed a nearly identical § 1983 complaint naming a jail official, Sergeant Walter L. Thomas, as the defendant who allegedly used excessive force against Lambert. Lambert v. Thomas, 7:20CV00002. Because Thomas is a person who can be sued under § 1983, I will direct the clerk to attempt service of the complaint in that case on Thomas.