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Beck v. Monroe County Correctional Facility

April 26, 2007

HAROLD J. BECK, PLAINTIFF
v.
MONROE COUNTY CORRECTIONAL FACILITY ET AL., DEFENDANTS



The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 26th day of April, 2007, upon consideration of the motion to dismiss (Doc. 18) plaintiff's §1983 civil rights complaint (Doc. 1) pursuant to FED. R. CIV. P. 12, filed on behalf of the Monroe County Correctional Facility, and it appearing that a prison or correctional facility is not a person withing the meaning of § 1983*fn1 , see Fischer v. Cahill, 474 F.2d 991, 992 (3d Cir. 1973), it is hereby

ORDERED that the motion (doc. 18) is GRANTED. The Clerk of Court is directed to TERMINATE defendant Monroe County Correctional Facility.

CHRISTOPHER C. CONNER United States ...


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