Cunningham v. Pack, No. 6:2010cv00054 - Document 6 (S.D.W. Va. 2010)
Court Description: 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. CIVIL ACTION NO. 6:10-cv-00054 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. ยง 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 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: -2- February 18, 2010
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