IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
April 26, 2007
HAROLD J. BECK, PLAINTIFF
MONROE COUNTY CORRECTIONAL FACILITY ET AL., DEFENDANTS
The opinion of the court was delivered by: Judge Conner
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 District Judge