Wallace v. State of New York et al

Filing 102

MEMORANDUM & ORDER granting 68 , 69 , 70 , 79 Defendants' Motions to Dismiss the Wallace Complaint (Dkt. No. 5 ). For the reasons stated in this Memorandum & Order, Plaintiffs' ex post facto and other federal con stitutional claims are dismissed with prejudice, and their state law preemption claims are dismissed without prejudice. The Clerk of the Court is directed to enter judgment accordingly. Pursuant to 28 U.S.C. § 1915(a)(3), Plainti ffs may, in good faith, take an appeal from this Memorandum & Order in forma pauperis. Ordered by Judge Pamela K. Chen on 8/28/2014. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J) (Lo, Justin)

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Exhibit H Sex Offender Details Page - NY DCJS http://www.criminaljustice.ny.gov/SomsSUBDirectory/offenderDetails.js... Menu Offender Details Anyone who uses this information to injure, harass or commit a criminal act against any person may be subject to criminal prosecution. Domiciled More Photos Additional Offender Photos Offender Id 4168 Race Black Last Name MCLAURIN Ethnicity Not Hispanic First Name CHARLES Height 5' 10" Middle Name Weight 215 Hair Black Eyes Brown Corr. Lens NO Photo Date July 24, 2014 DOB Nov. 9, 1969 Sex Male Risk Level 3 Designation Lifetime RegistrationSubject to Petition for Relief Current Addresses 1 of 3 8/28/2014 10:39 AM Sex Offender Details Page - NY DCJS http://www.criminaljustice.ny.gov/SomsSUBDirectory/offenderDetails.js... Type RES (Primary) County Suffolk Address 829 WALKER AVE BELLPORT, New York 11713 Law Enforcement Agency Having Jurisdiction Suffolk County Police Department - SOR Unit Current Conviction Title Section PL 130.65 Subsection Class Category Counts D F 1 Description Sexual Abuse-1st Degree Date of Crime Date Convicted Feb. 23, 1995 Victim Sex/Age Female, 9 Years Female, 11 Years Arresting Agency Suffolk County Police Department - SOR Unit Offense Descriptions Sexual Contact Relationship to Victim None Reported Weapon Used None Reported Force Used Detail unknown Computer Used None Reported Pornography Involved None Reported Sentence Term: 2 Year(s) to 4 Year(s) State Prison Consecutive Previous Conviction(s) Requiring Registration None Reported Supervising Agency Information None Reported Special Conditions None Reported Maximum Expiration Date/Post Release Supervision Date of Sentence: 2 of 3 8/28/2014 10:39 AM Sex Offender Details Page - NY DCJS http://www.criminaljustice.ny.gov/SomsSUBDirectory/offenderDetails.js... None Reported Scars, Marks & Tattoos Tattoo-Arm, right Additional Names/Aliases None Reported Current Vehicles None Reported 3 of 3 8/28/2014 10:39 AM

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