# Gilmore v. Stone

> Court of Appeals for the Second Circuit · December 17, 2004 · 115 F. App'x 108

URL: https://www.frixlaw.com/law-library/cases/8429757

## Case

- **Full name:** Kenneth GILMORE, Jr. v. James L. STONE, Commissioner, New York State Department of Mental Health Bruce Barten, M.D., Department of Mental Health Brion Travis, Chairman, Board of Parole Commissioner McSherry, Commissioner, New York State Board of Parole Commissioner Umina, Commissioner, New York State Board of Parole Commissioner Gonzalez, Commissioner, New York State Board of Parole Commissioner Eichelberger, Commissioner, New York State Parole Board David Molik, Senior Attorney for the Division of Parole Scott Clair, Unit Chief of Attica Satellite Unit John Sikora, Facility Parole Officer, Wyoming Correctional Facility Larry McQuinn, Facility Parole Officer, Frankfort Correctional Facility All State sued in their individual and official capacities Commissioner Treen, Commissioner, New York State Board of Parole Commissioner Smith, Commissioner, New York State Board of Parole Commissioner Thomas, Commissioner, New York State Board of Parole Commissioner Mills, Commissioner, New York State Board of Parole Commissioner Scott, Commissioner, New York State Board of Parole Commissioner Graber, Commissioner, New York State Board of Parole Commissioner Jones, Commissioner, New York State Board of Parole Commissioner Vizzie, Appellate Unit of the New York State Board of Parole Commissioner Tappen, Appellate Unit of the New York State Board of Parole Commissioner Gailor, Appellate Unit of the New York State Board of Parole
- **Court:** Court of Appeals for the Second Circuit
- **Decided:** December 17, 2004
- **Citations:** 115 F. App'x 108
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8429757

## Opinion text

SUMMARY ORDER
Plaintiff-appellant Kenneth Gilmore, Jr., appeals from a September 30, 2003, judgment of the United States District Court for the Northern District of New York (Lawrence E. Kahn, Judge) dismissing Gilmore’s claims against all defendantsappellees. On appeal, Gilmore argues that (1) various defendants-appellees unconstitutionally deprived him of a liberty interest afforded by the New York parole statute; (2) application of a parole statute enacted subsequent to his conviction violated the Ex Post Facto Clause of the U.S. Constitution; (3) various defendants-appellees deprived him of his right to be free from cruel and unusual punishment by failing to provide parole officials with a mental health report; (4) the district court improperly dismissed his retaliation claim against defendant-appellee Sikora without permitting Gilmore to amend his complaint and conduct further discovery; and (5) the district court, acting sua sponte, improperly dismissed his claims against nine of the defendants-appellees for failure to serve process, without first giving adequate notice to Gilmore. Familiarity with the facts and proceedings below is assumed.
As we find no reversible error in the district court’s decision, the judgment of the district court is hereby AFFIRMED.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8429757. Public record. Not legal advice.