Caldwell v. Lambert

Filing 9

JUDGMENT adopting Report and Recommendations. ORDER directing clerk to prepare summons, USM-285 form and serve a copy of the 7 Magistrate Judge's Report and Recommendation, this Judgment, 1 Complaint, and 6 Amended Complaint upon the Defe ndant by U S Marshal. IT IS FURTHER ORDERED that this action is STAYED, insofar as it seeks monetary damages for wrongful arrest, imprisonment and prosecution, under the conditions listed in the attached Judgment. IT IS FURTHER ORDERED that this ac tion - insofar as Plaintiff seeks the dismissal of the pending criminal charges and his immediate release from custody - be construed as a petition for writ of habeas corpus and that it be DISMISSED WITHOUT PREJUDICE because Plaintiff failed to exhaust available state court remedies prior to filing his suit. Signed by Chief Judge Robert G James on 8/2/10. (crt,Crawford, A)

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