Walker v. USA

Filing 5

ORDER - NOW THEREFORE IT IS HEREBY ORDERED that the 4 MOTION FOR ORDER Granting a Waiver of the Attorney-Client Privilege and Unsealing Change of Plea Hearing is GRANTED. IT IS FURTHER ORDERED, that Attorney Andrew Parnes is directed to make himsel f available at a reasonable time and place to answer material questions presented by the Assistant United States Attorney regarding Mr. Stephen Walkers § 2255 Motion, and to provide an affidavit, within 30 days of this Order... IT IS FURTHER ORD ERED, that the transcript from the change of plea hearing before this Court on 8/4/2016 be provided to the Government,including the portion of the hearing that was sealed from the government and public view. IT IS FURTHER ORDERED, that the Government shall have ninety (90)days from the date of this Order to respond to Mr. Stephen Walkers § 2255 Motion. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
STEPHEN ROY WALKER
Plaintiff,
Case No. 1:17-CV-462-BLW
1:15-CR-219-BLW

v.
UNITED STATES OF AMERICA,

ORDER
Defendant.

The Court, having considered the Motion of the United States Attorney
requesting a waiver of the attorney-client privilege and unsealing of the change of
plea hearing, insofar as necessary to permit the Government to inquire into the
specific allegations of ineffective assistance of counsel raised in Petitioner’s § 2255
Petition, and being fully advised on the premises,
NOW THEREFORE IT IS HEREBY ORDERED, that the motion (docket no.
4) is GRANTED.
IT IS FURTHER ORDERED, that Attorney Andrew Parnes is directed to
make himself available at a reasonable time and place to answer material questions
presented by the Assistant United States Attorney regarding Mr. Stephen Walker’s §
2255 Motion, and to provide an affidavit, within thirty (30) days of this Order,
addressing his knowledge regarding any material issue raised by Mr. Stephen
Walker in his § 2255 Petition. Further, if Mr. Parnes possesses any notes, letters,
ORDER -- 2

documents, or witness statement that are relevant to the allegations in Mr. Stephen
Walker’s Motion, he is directed to produce copies to the Assistant United States
Attorney within thirty (30) days of the date of this Order.
IT IS FURTHER ORDERED, that the transcript from the change of plea
hearing before this Court on August 4, 2016 be provided to the Government,
including the portion of the hearing that was sealed from the government and public
view.
IT IS FURTHER ORDERED, that the Government shall have ninety (90)
days from the date of this Order to respond to Mr. Stephen Walker’s § 2255 Motion.
This should provide sufficient time for the Assistant United States Attorney to speak
with Mr. Parnes and/or review Mr. Parnes affidavit, for the purpose of meaningfully
responding to Mr. Stephen Walker’s claims.

DATED: May 2, 2018

_________________________
B. Lynn Winmill
Chief U.S. District Court Judge

ORDER -- 2