CIVIL ACTION NO. 3:06-cv-347-HTW-LRA.United States District Court, S.D. Mississippi, Jackson Division.
September 4, 2007
ORDER
HENRY WINGATE, District Judge
The Plaintiff filed this pro se complaint pursuant to 42 U.S.C. § 1983. The named defendants are Elenor Faye Peterson, District Attorney for Hinds County, Mississippi; and the State of Mississippi.
In order to maintain an action pursuant to § 1983, the Plaintiff must allege that a person acting under color of state law deprived him of a right secured by the Constitution or other law of the United States. West v. Atkins, 487 U.S. 42, 48 (1988) Daniel v. Ferguson, 839 F.2d 1124 (5th Cir. 1988). The United States Supreme Court stated that a state is not a “person” within the meaning of § 1983. Will v. Michigan Dep’t of State Police, 491 U.S. 58 (1989); see also, Ruiz v. Price, 2003 WL 22975509
(5th Cir. 2003). Accordingly, it is hereby,
ORDERED that the State of Mississippi is dismissed as a defendant in this case.
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