CLERK'S OFFICE U.S. DIST. COL AT ROANOKE, VA FILED IN THE UNITED STATES DISTRICT COURT December 23, 2024 FOR THE WESTERN DISTRICT OF VIRGINIA LAURA A. AUSTIN, CLERK ROANOKE DIVISION BY: s/A. Beeson DEPUTY CLERK MARVIN MAURICE MOORE, ) Plaintiff, ) Civil Action No. 7:24cv00541 ) v. ) OPINION and ORDER ) D.O.C., ) By: Robert S. Ballou Defendant. ) United States District Judge Plaintiff Marvin Maurice Moore, a Virginia inmate proceeding pro se, has filed a civil rights action against the defendant under

. The Department of Corrections, or D.O.C., is a state agency. As such, the D.O.C. is immune from suit under the Eleventh Amendment unless the state consents to the suit. Alabama v. Pugh,

(1978) (per curiam) (stating “[t]here can be no doubt that suit against the State and its Board of Corrections is barred by the Eleventh Amendment, unless [the state] has consented to the filing of such a suit.”). Further, the court cannot determine exactly what conduct Moore is complaining about, other than that he has been given “the run around” at all seven prisons he has been transferred to; he has made no factual allegations to show that a person acting under color of state law has violated his constitutional rights, which is required to state a claim under § 1983. Pursuant to 28 U.S.C. § 1915A(b)(1), the Complaint is DISMISSED with prejudice for failure to state a claim for which relief may be granted. The Clerk is directed to STRIKE this matter from the court’s docket. The Clerk is further directed to send a copy of this Opinion and Order to Moore. Enter: December 20, 2024 lol Kobed Ss. Ballon Robert S. Ballou United States District Judge