Wilson

ORDER: GRANTING DEFENDANT’S MOTION TO DISMISS

(Doc. No. 14)

Presently before the Court is Defendant Mike Poulos’s motion to dismiss this matter. (Doc. No. 14.) Also before the Court are Plaintiffs opposition and Defendant’s reply. (Doc. Nos. 17 & 19.) Having fully reviewed this matter, Defendant’s motion is GRANTED.

BACKGROUND

Plaintiff Mark Wilson “was convicted and sentenced to two years in state prison for a crime of Penal Code Section 288 a(b)(l)” on June 14, 1991. (Doc. No. 1 (Compl.) ¶ 10.) “Subsequently, after serving his prison time, [Plaintiff,] on a number of occasions from August of 1997 to 2006, was arrested and sentenced to the California Institution for Men for violating Penal Code Section 290, the failure to register as a sex offender. On August 8, 2006, plaintiff ... was released from custody pursuant to a court order which determined that conviction and imprisonment under Penal Code 290 was in violation of the equal protection clause under (sic) the constitution[ ].” (Id.) Plaintiff alleges that because the law under which he was convicted was unconstitutional, he was “wrongfully imprisoned for approximately 52 months and 20 days at California Institution for…