Nicholas v. Riley

MEMORANDUM OPINION

CHARLES R. RICHEY, District Judge.

Before the Court is the Defendants’ Motion to Dismiss, the Plaintiffs Opposition thereto, and the Defendant’s Reply Memorandum in Support of its Motion to Dismiss and Opposition to Plaintiffs Motion for a Preliminary Injunction. Because the Plaintiff has failed to state a claim upon which relief can be granted, the Court will GRANT the Defendant’ Motion.

I. BACKGROUND

Plaintiff, a New York state prisoner proceeding pro se and informa pauperis, seeks to have the Court declare a section of the Violent Crime Control and Law Enforcement Act of…