Allen R. Walker v. United States of America

Nashville, Tennessee civil rights lawyer represented the Plaintiff seeking a writ of habeas corpus.



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Allen Walker filed a motion seeking habeas relief under 28 U.S.C. § 2255. The government opposed his motion but did not raise the statute of limitations as a defense. The district court, however, denied the motion as untimely. Walker

appealed, and we remanded so the district court could determine whether the government's failure to raise the statute of limitations defense amounted to forfeiture or waiver. We cautioned that the district court could not resurrect a waived limitations defense but could potentially consider a forfeited one. On remand, the district court decided that the government forfeited the defense, considered it despite the forfeiture, and again denied Walker's motion as time-barred.

Walker now appeals that forfeiture determination, arguing that because the government waived the statute of limitations defense, the district court should not have considered it.

Reversed