Baker v. Perry et al

Filing 22

ORDER ADOPTING the Magistrate Judge's 8 Report and Recommendations. Plaintiff's Objections are overruled. Plaintiff's claims against Defendants Perry and Owens are DISMISSED. Signed by Chief Judge Lisa G. Wood on 10/1/2013. (csr)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
WAYCROSS DIVISION

WAYNE BAKER,
Plaintiff,
:

V.

CIVIL ACTION NO.: CV513-033

GRADY PERRY; Officer DELGADO;
CHAD COLE; and Commissioner
BRIAN OWENS,
Defendants.

ORDER
After an independent and de novo review of the entire record, the undersigned
concurs with the Magistrate Judge's Report and Recommendation, to which Plaintiff has
filed Objections. Plaintiff also filed an Amendment to his Complaint. In his Objections,
Plaintiff states that he "can show a connection between the defendants Perry and
Owens. (sic) conduct and the violation." (Doc. No. 16, p. 3). However, Plaintiff fails to
make this showing. Instead, Plaintiff contends that Defendant Owens knew or should
have known of the existence of a custom or policy that was not being followed. Such a
general assertion is insufficient to hold Defendant Owens liable for the alleged violations
of Plaintiffs constitutional rights. "A complaint must state a facially plausible claim for
relief, and '[a] claim has facial plausibility when the plaintiff pleads factual content that
allows the court to draw the reasonable inference that the defendant is liable for the
misconduct alleged." Wooten v. Quicken Loans, Inc., 626 F.3d 1187, 1196 (11th Cir.
AO 72A
(Rev. 8/82)

2010) (quoting Ashcroft v. lgbal, 556 U.S. 662, 678 (2009)). "A pleading that offers
labels and conclusions or a formulaic recitation of the elements of a cause of action"
does not suffice. Ashcroft, 556 U.S. at 678.
For this same reason, Plaintiff cannot sustain a claim against Barry Goodrich and
Mr. Miles, as he attempts to do through his amendment. Plaintiff avers that Goodrich
and Miles were responsible for the assault because they were aware of "ongoing
problems" and failed to take corrective action. (Doc. No. 15, p. 3). However, Plaintiff
offers no factual allegations against Goodrich or Miles.
Plaintiff's Objections are overruled. Plaintiffs claims against Defendants Perry
and Owens are DISMISSED.
SO ORDERED, this

2013.

day of

LISA GDBEY WOOD, CHIEF JUDGE
UNITED STATES DISTRICT COURT
OtJTHERN DISTRICT OF GEORGIA

2
AO 72A
(Rev. 8182)