Manuel Rodriguez v. Sunny L. Schriver, Superintendent, Wallkill Correctional Facility

BERMAN, District Judge.

Respondent-Appellant Sunny Schriver, in his capacity as Superintendent of the Wallkill Correctional Facility (“Schriver”), appeals from the judgment of the United States District Court for the Southern District of New York (Frank Maas, Magistrate Judge) entered pursuant to an Opinion and Order dated November 12, 2003 (“Opinion and Order”), granting Petitioner-Appellee Manuel Rodriguez’s (“Rodriguez”) petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254; vacating Rodriguez’s May 2,1988 state conviction of criminal sale of a controlled substance in the third…