Walker v. United States
- Jed Rakoff
- 1:21-cv-07887
- U.S. District Court · Southern District of New York
- 1
In Walker v. United States, Judge Parker ordered supplemental briefing on how a new appeals-court decision might affect Walker’s pending habeas application.
Kevin Walker and the government: the government must file supplemental briefing, and Walker must receive a copy of the order. The order does not decide Walker’s pending application.
What happened
In Walker v. United States, Kevin Walker had a pending application challenging his criminal matter through a habeas petition. The opinion provides no details about the claims or the government’s response.
The Second Circuit issued a decision in United States v. Chappelle on July 21, 2022. The court directed government counsel to explain by August 12, 2022, whether that decision affected Walker’s pending application.
Magistrate Judge Katharine H. Parker entered the order and asked the Clerk of Court to mail it to Walker, whom the order identifies as representing himself. The order did not decide the habeas application.
The detailed version
- Walker v. United States · No. 1:21-cv-07887
- Jed Rakoff
- July 21, 2022
Background
Kevin Walker is the plaintiff, and the United States of America is the defendant. The order refers to Walker’s pending habeas application but does not describe the application’s legal claims, the underlying conviction or sentence, or the relief Walker seeks. The docket also lists a related criminal case, No. 16-CR-0567 (JSR), but this order does not explain its relationship to the application.
Order
The Second Circuit issued United States v. Chappelle, No. 20-3835, 2022 WL 2837807 (2d Cir. July 21, 2022). Because of that decision, the court ordered counsel for the government to file supplemental briefing by August 12, 2022, explaining what impact, if any, the decision had on Walker’s pending habeas application.
Effect of the Order
The order required additional briefing; it did not grant or deny Walker’s habeas application and did not decide the merits of his claims. The Clerk of Court was asked to mail a copy of the order to Walker, whom the order identifies as proceeding without a lawyer. The order was signed by United States Magistrate Judge Katharine H. Parker.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.