Cunningham v. Lemmon

U.S. Court of Appeals for the Fourth Circuit

Cunningham v. Lemmon

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 07-1292

WILLIAM CUNNINGHAM,

Plaintiff - Appellant,

versus

DAVID LEMMON, Colonel,

Defendant - Appellee,

and

STATE OF WEST VIRGINIA,

Defendant.

Appeal from the United States District Court for the Southern District of West Virginia, at Parkersburg. Joseph Robert Goodwin, District Judge. (6:06-cv-00169)

Submitted: October 15, 2007 Decided: October 23, 2007

Before WILKINSON and MICHAEL, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

William Cunningham, Appellant Pro Se. Virginia Grottendieck Lanham, John A. Hoyer, STATE POLICE LEGAL COUNSEL, South Charleston, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit.

- 2 - PER CURIAM:

William Cunningham appeals a district court order and

judgment order adopting the magistrate judge’s report and

recommendation, granting the Defendants’ motion to dismiss and

dismissing his civil rights complaint challenging provisions of the

West Virginia Sex Offender Registration Act (“Act”), West

Va. Code Ann. §§ 15-12-1

- 15-12-10 (LexisNexis 2004 & Supp. 2007). We have

reviewed the record and the district court’s order and affirm for

the reasons cited by the district court. See Cunningham v. Lemmon,

No. 6:06-cv-00169 (S.D. W. Va. Mar. 22, 2007). Cunningham has

filed motions to certify questions to the United States Supreme

Court and to file a supplemental informal brief. We deny the

motions and dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before the

court and argument would not aid the decisional process.

AFFIRMED

- 3 -

Reference

Status
Unpublished