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BARNA v. TRAVIS

No. 99-0286.

239 F.3d 169 (2001)

James BARNA & Jason B. Nicholas, for themselves and on behalf of all others similarly situated, Plaintiffs-Appellants, v. Brion D. TRAVIS, Chairperson, New York State Division of Parole, Vanessa Clarke, George E. King, S. Earl Eichelberger, Leo S. Levy, Marietta Gailor, Anthony Umina, Maria Rivera Buchanan, Irene Platt, Lawrence Ibsen, Henri Raffalli, Sean R. McSherry, Gabriel Pagan, Daniel Taureillo, Veronica Thomas, Israel Gonzalez, Mary Ellen Jones, Graber, Commissioner, New York State Division of Parole, George E. Pataki, Governor, State of New York, Paul Schectman, Director, New York State Division for Criminal Justice Services, Michael Hayden, Deputy Chief of Operations, New York State Division of Parole, Defendants-Appellees.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided February 2, 2001.

Attorney(s) appearing for the Case

James Barna, Woodbourne, NY, Plaintiff pro se; Jason B. Nicholas, Warwick, NY, Plaintiff pro se.

Eliot Spitzer, Attorney General of the State of New York, Albany, N.Y. (Nancy A. Speigel, Assistant Solicitor General, Peter H. Schiff, Senior Counsel, Alicia R. Ouellette, Assistant Solicitor General, Albany, NY, of counsel), for Defendants-Appellees.

Before: NEWMAN, KEARSE, and WINTER, Circuit Judges.

PER CURIAM:

Pro se plaintiffs James Barna and Jason B. Nicholas, New York State ("State") prisoners, appeal from a judgment of the United States District Court for the Northern District of New York, Frederick J. Scullin, Jr., Chief Judge, dismissing their action brought under 42 U.S.C. § 1983 alleging that the State violated their rights under the Due Process and Ex Post Facto Clauses of the Constitution in denying their applications for...

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