HARPER v. ERCOLE

Docket No. 10-178-pr.

648 F.3d 132 (2011)

Allen HARPER, Petitioner-Appellant, v. Robert ERCOLE, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: July 26, 2011.


Attorney(s) appearing for the Case

Sally Wasserman, Esq. , New York, NY, for Petitioner-Appellant.

Howard B. Goodman , ( Leonard Joblove , Victor Barall , on the brief), Assistant District Attorneys, on behalf of Charles J. Hynes , Kings County District Attorney, Brooklyn, NY, for Respondent-Appellee.

Before: McLAUGHLIN, CALABRESI, and RAGGI, Circuit Judges.


REENA RAGGI, Circuit Judge:

New York State prisoner Allen Harper appeals from a judgment of the United States District Court for the Eastern District of New York (Eric N. Vitaliano, Judge; Lois S. Bloom, Magistrate Judge) dismissing as untimely his pro se petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. See Harper v. Ercole, No. 08-CV-3442, 2009 WL 4893196, at *2 (E.D.N.Y. Dec. 16, 2009). The district court...

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