Miller v. Bulloch County et al, No. 6:2008cv00005 - Document 38 (S.D. Ga. 2009)

Court Description: ORDER adopting Report and Recommendations of the Magistrate Judge as the opinion of this Court re 36 Report and Recommendations.; granting 21 Motion for Summary Judgment. Plaintiff's federal claims are dismissed with prejudice, and his state-law are dismissed without prejudice. Signed by Judge B. Avant Edenfield on 7/27/2009. (mah)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION JOHN D. MILLER, Plaintiff, v. 608CV005 BULLOCH COUNTY, et al;, Defendants. ORDER The Court has reviewed the record of this case and the Magistrate Judge s Report and Recommendation (R&R) in detail. The plaintiff did not file any objections to the R&R. No one doubts or disputes the fact that the plaintiff, John Miller, suffered excruciating injuries that required serious medical attention. Nonetheless, he has not met the requirements to succeed on his claim, as he has failed to demonstrate that the county had a policy or custom that caused his injury. Miller has only pointed to events from within his own case, and has not, for instance, pointed to any other occasions where the county handled an inmate s medical needs in a similar manner, resulting in exacerbation of the inmate s medical condition. Accordingly, the Court concurs with the R&R and it is therefore adopted as the opinion of the Court. This day of 27 July 2009. B AVANT EDENFIELÃ , JUDGE UN1TEJ) STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA

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