Murphy v. United States

Background

Ernest Murphy moved under 28 U.S.C. § 2255, a procedure allowing a federal prisoner to challenge a sentence, to vacate, set aside, or correct his sentence. The court had stayed those proceedings while Murphy pursued an appeal from the denial of his motion for a new trial under Rule 33 of the Federal Rules of Criminal Procedure. The Second Circuit affirmed that denial, issued its mandate, and the Supreme Court denied Murphy’s request for review.

Murphy then asked the court to lift the stay and allow him to amend his § 2255 motion based on previously unknown information revealed during the Rule 33 proceedings.

Rulings and deadlines

The court granted Murphy’s request to lift the stay and amend his § 2255 motion. It ordered him to submit the amended motion and his opening brief by August 29, 2025. The government must respond by September 29, 2025, and Murphy may file a reply by October 29, 2025.

The court denied Murphy’s requests for discovery and expansion of the record without prejudice to renewal. The court explained that such requests are generally made after a § 2255 motion has been filed and directed Murphy to renew them with his amended motion, explaining why they should be granted in light of his arguments. The clerk was directed to mail Murphy a copy of the order and terminate the specified pending motions.

Effect of the order

This order addressed the timing and preparation of Murphy’s § 2255 proceedings. It did not decide the merits of his challenge to his sentence. Richard J. Sullivan, a United States Circuit Judge sitting by designation, signed the order.