Lamb v. Bennett et al

Filing 21

ORDER adopting Report and Recommendations. Lamb's civil lawsuit for money damages is barred and stands DISMISSED. The Clerk shall enter judgment accordingly. Signed by Judge Anthony A. Alaimo on 6/19/2009. (csr)

Court In the Oniteb *tatrOitrittMOY41S for the 'outfjern 0.5trlrt of
CLYDE LAMB, Plaintiff,
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CIVIL ACTION

WAYNE BENNETT, Sheriff, DISTRICT ATTORNEY'S OFFICE, State of Georgia, and PUBLIC DEFENDER OFFICE, State of Georgia, Defendants.
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NO. CV208-172

ORDER
On May 19, 2009, Magistrate Judge James E. Graham entered a report and recommendation suggesting dismissal of Lamb's claims in their entirety. Presently before the Court are Lamb's objections to the report and recommendation. After an independent review of Lamb's objections to the Magistrate Judge's findings, the Court concurs with the Magistrate Judge's suggested disposition of the case. At the time Lamb initiated this lawsuit, he was being detained in the Glynn County Detention Center, but he is no longer incarcerated. Lamb's lawsuit attempts to recover under § 1983 for certain violations of his constitutional right to a speedy trial. however, the only remedy available

AO 72A
(Rev. 8/82)

for a violation of that right is dismissal of the criminal charges with prejudice. Strunk v. United States, 412 U.S. 434, 440 (1973) . Thus, Lamb's civil lawsuit for money damages is barred and stands DISMISSED. See Dkt. No. 17. The Clerk shall enter judgment accordingly. SO ORDERED, this 19th day of June, 2009.

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JUDGE, UNITD STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA

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AO 72A
Rev. 8/82)