IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA AUGUSTA DIVISION O’NEAL JOHNSON, ) Plaintiff, v. CV 121-065 BURKE COUNTY DETENTION CENTER, Defendants.

ORDER

After a careful, de novo review of the file, the Court concurs with the Magistrate Judge’s Report and Recommendation (“R&R”), to which objections have been filed. (Doc. no. 11.) The Magistrate Judge recommended dismissing Plaintiff's complaint because the named Defendant, Burke County Detention Center, was an improper party to sue. While Plaintiff does not explicitly state as much, it appears he may want to amend the complaint to substitute Burke County as the defendant as the “employer” of the staff at the Burke County Detention Center. Such a substitution would still fail to state a claim upon which relief can be granted. To impose § 1983 liability on a county, Plaintiff must show (1) his constitutional rights were violated; (2) the county had a custom or policy constituting deliberate indifference to that constitutional right, and (3) a county policy or custom caused the violation. See McDowell v. Brown,

(11th Cir. 2004). Plaintiff makes no showing of any such Burke County custom or policy. Accordingly, the Court ADOPTS the Report and Recommendation of the Magistrate Judge as its opinion, OVERRULES Plaintiff's objections, DISMISSES

Plaintiff's complaint for failure to state a claim upon which relief may be granted, and CLOSES this civil action. SO ORDERED this _/ yt day of August, 2021, at Augusta, Georgia. Ky we ff /) OF wo iF GILL, { J. RANDAL HALL, @HIEF JUDGE UNITED/STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA