Barna v. Travis

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 parole. The district court dismissed the complaint for failure to state a claim on which relief can be granted. On appeal, plaintiffs argue that they stated a claim…