Thompson v. Kelly et al

Filing 15

ORDER ADOPTING the REPORT AND RECOMMENDATION 3 in that this case is DISMISSED for failure to state a claim upon which relief can be granted. Signed by Judge Gregory L Frost on 8/5/10. (sem1)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION DANNY L. THOMPSON, Plaintiff v. PATRICK KELLY, et al., Defendant : : : : : Civil Action 2:10-cv-564 Judge Frost Magistrate Judge Abel

ORDER DISMISSING CASE Plaintiff filed this action on June 17, 2010. In his complaint, he stated that he is a registered sex offender, and that in 2008 he moved from California to Athens County, Ohio. After moving to Ohio, he received a letter from the Athens County Sheriff's Office identifying him a Tier III Sex Offender with Notification, and requiring him to timely verify his address or face felony prosecution. Plaintiff represented that he always timely registered in California. He argued that his constitutional rights had been violated because Ohio's "Megan's Law" was an unconstitutional ex post facto law and because he should be subject to California law and registration requirements, not those of Ohio. Upon initial screening, the Magistrate Judge found that the United States Supreme Court has upheld other states' Megan's Law statutes against similar ex

post facto challenges, and that the Ohio Supreme Court has upheld Ohio's statute
against such a challenge. Furthermore, the United States Supreme Court has 1

upheld registration requirements for offenders who travel from one state to another as constitutional, and the law has long held that persons who change their residence from one state to another become subject to the laws of their new state. Therefore, found the Magistrate Judge, Plaintiff's claims are barred as a matter of law. Plaintiff has filed no objections to the initial screening report and recommendation within the time permitted to do so. Upon de novo review, I ADOPT the recommendation (Doc. #3). This case is DISMISSED pursuant to 28 U.S.C. §1915(e)(2)(B)(ii) for failure to state a claim upon which relief can be granted.

/s/ Gregory L. Frost United States District Judge

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