Percy L. Good v. Bill Allain, Morris Thigpen, Donald Cabana, and the State of Mississippi

Pro se plaintiff, Percy Good (“Good”), appeals the district court’s dismissal of his claim under 42 U.S.C. § 1983 against the Governor of Mississippi, Bill Allain, the Commissioner for the Mississippi Department of Corrections, Morris L. Thigpen, and the Superintendent of the Mississippi State Penitentiary, Donald Cabana, 646 F.Supp. 1029. We affirm the district court’s judgment dismissing the case for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6), but modify that portion of the judgment dismissing with prejudice and order the dismissal be without prejudice.

I.…