Court of Appeals for the Second Circuit June 7, 2011, Docket 10-3119-pr (Whitley v. Ercole)

10-3119

Whitley v. Ercole

UNITED STATES COURT OF APPEALS

FOR THE SECOND CIRCUIT

August Term, 2010

(Argued: December 2, 2010 Decided: June 7, 2011)

Docket No. 10-3119-pr

——————

DARRYL WHITLEY,

Petitioner-Appellee,

– v.–

ROBERT ERCOLE,

IN HIS OFFICIAL CAPACITY AS SUPERINTENDENT, GREEN HAVEN CORRECTIONAL FACILITY,

Respondent-Appellant.1

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Before: RAGGI, LIVINGSTON, and CHIN, Circuit Judges.