Johnson v. State of Georgia

Filing 5

REPORT AND RECOMMENDATIONS that the case should be dismissed as frivolous re 1 Complaint filed by Jermaine Johnson, 4 MOTION for Leave to Proceed in forma pauperis filed by Jermaine Johnson Objections to R&R due by 2/23/2009. Signed by Magistrate Judge G. R. Smith on 2/9/09. (wwp)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION

JERMAINE JOHNSON, Plaintiff,
V.

Case No. CV409-018

STATE OF GEORGIA, Defendant.

REPORT AND RECOMMENDATION Before the Court is Jermaine Johnson's hand-written reproduction of a standard Georgia Superior Court "Speedy Trial. Demand" and an accompanying proposed order. Doc. 1 at 1-2. It was filed in the Northern District of Georgia and transferred to this Court. Doc. 2. The document was clearly intended to be filed in a state criminal proceeding.' Johnson seeks no relief from this Court, so his filing amounts to a legal nullity.
'The caption of the demand reads "IN THE OFSTATE OF GEORGIA" and "STATE OF GEORGIA vs. JERMAINE JOHNSON, Defendant." Doe. 1 at 1. The accompanying proposed order reads "ORDER Superior Court," and the signature block states "Judge Superior Court." Doe. 1 at 2.

Consequently, this case should be DISMISSED as frivolous, as Johnson is subject to no criminal prosecution in this Court for which he has any speedy trial rights. Johnson is advised to file his speedy trial demand in the appropriate state court. SO REPORTED AND RECOMMENDED this 9th day of February, 2009.

UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF GEORGIA

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