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 —————— Before: RAGGI, LIVINGSTON, and CHIN, Circuit Judges. Petitioner-appellee Darryl Whitley (“Whitley”) commenced this action in the United States District Court for the Southern District of New York (Alvin K. Hellerstein, Judge) seeking a writ of habeas…