Cunningham v. Pack

Filing 6

MEMORANDUM OPINION AND ORDER adopting the 4 Proposed Findings and Recommendation, denying the 2 Application to Proceed in Forma Pauperis, and dismissing the 1 Petition for Declaratory Judgment. Signed by Judge Joseph R. Goodwin on 2/18/2010. (cc: attys; any unrepresented party) (jkk)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA PARKERSBURG DIVISION WILLIAM CUNNINGHAM, Petitioner, v. COL. TIMOTHY PACK, Respondent. MEMORANDUM OPINION & ORDER On January 20, 2010, the petitioner filed a Petition for Declaratory Judgment [Docket 1], seeking a declaration that the West Virginia Sex Offender Registration Act, W. Va. Code Section 15-12-1 et seq., violates the Ex Post Facto Clause of the United States Constitution and the West Virginia Constitution. Pending before the court is the petitioner's Application to Proceed in forma pauperis [Docket 2]. Pursuant to 28 U.S.C. Section 636(b)(1)(B), this matter was referred to the Honorable Mary E. Stanley, United States Magistrate Judge, for submission of proposed findings and a recommendation for disposition. The Magistrate Judge proposes that this court find that the plaintiff's Petition for Declaratory Judgment fails to state a claim upon which relief may be granted. She recommends that this court dismiss the Petition with prejudice under 28 U.S.C. 1915(e)(2)(B) and deny the plaintiff's Application to Proceed in forma pauperis. The petitioner timely filed written objections to the Magistrate Judge's findings of fact and recommendation. Having reviewed the petitioner's objections de novo, the court FINDS that they ultimately are without merit. The court agrees with and adopts the thorough analysis of the CIVIL ACTION NO. 6:10-cv-00054 Magistrate Judge. The court DENIES the petitioner's Application to Proceed in forma pauperis [Docket 2] and DISMISSES the Petition [Docket 1] pursuant to 28 U.S.C. Section 1915(e)(2)(B). The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: February 18, 2010 -2-

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