Velez v. Owens et al

Filing 23

ORDER ADOPTING re 4 Report and Recommendations dismissing claims against defendant Brian Owens. Signed by Judge B. Avant Edenfield on 12/1/2014. (loh)

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

ANTONIO JOSE VELEZ,
Plaintiff,
CIVIL ACTION NO.: V614-074
(1

co

BRIAN OWENS; BRUCE CHATMAN;
DOUG WILLIAMS; JOHN PAUL;
MAJOR JOHN DOE; MAJOR JANE
DOE; CAPTAIN JOHN DOE; CAPTAIN
JANE DOE; LIEUTENANT JOHN DOE;
LIEUTENAN JANE DOE; SERGEANT
JOHN DOE; SERGEANT JANE DOE;
and DORM CORRECTIONS OFFICERS
ON DUTY MAY 16, 2012,
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
filed Objections. In his Objections, Plaintiff contends that his claims against Defendant
Owens, the Commissioner of the Georgia Department of Corrections, should not be
dismissed because Defendant Owens is the final policymaker, and he instituted a
custom or policy which resulted in a violation of Plaintiff's constitutional rights.
Plaintiff fails to establish what custom or policy Owens instituted which led to the
alleged violations of Plaintiff's constitutional rights. Plaintiff only makes conclusory
allegations in this regard, which are an insufficient basis for liability under 42 U.S.C. §
1983.

AO 72A
(Rev. 8/82)

jz

Plaintiff's Objections are overruled.

The Magistrate Judge's Report and

Recommendation is adopted as the opinion of the Court. Plaintiff's claims against
Defendant Owens are DISMISSED.

Plaintiff is reminded to advise the Court of the

identities of the John/Jane Doe Defendants, the names of the dorm corrections officers
on duty May 16, 2012, and an address for service for Defendant Williams within thirty
(30) days of this Order. Plaintiff's failure to do so will result in the dismissal of these
Defendants from this cause of actio
2014.

SO ORDERED, this /'4'day of

. AVANT EDENFIELD, J,LJDGE 1
UNITED STATES DIS1J 1CT COURT
SOUTHERN DISTRICD OF GEORGIA

/

AO 72A
(Rev. 8/82)

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