Robert H. Walker
Judge Walker no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Walker decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In consent Social Security appeals, the judge affirms the Commissioner's denial when substantial evidence in the administrative record supports the ALJ's findings, but remands when the ALJ's decision fails to address a treating provider's opinion or otherwise leaves a gap in the analysis.
“The ALJ neglected to discuss, evaluate, and weigh a medical opinion from a treating psychologist whose opinion suggests Plaintiff suffers from a more diminished residual functional capacity than the one assigned by the ALJ. The ALJ's analysis is incomplete. Hence, the Court finds this matter should be remanded to the ALJ for further consideration.”
In prisoner medical-care suits, the judge closely parses the medical record for evidence of deliberate indifference and treats a disagreement over the type or timing of treatment, or an isolated missed dose, as falling short of a constitutional violation.
“Plaintiff's claim against Nurse Mingo is nothing more than a disagreement regarding the type of medical treatment he was receiving, i.e. the timing of his medication. An inmate's demand to be given medication at specific times fails to state a claim for deliberate indifference.”
Procedural preferences
In referred and consent prisoner suits, the judge holds a screening or omnibus hearing early in the case to place the pro se plaintiff under oath, review the allegations, and confirm whether the parties will consent to his jurisdiction, before dispositive motion practice proceeds.
“The Court conducted a screening hearing on October 18, 2018, at which time the parties consented to proceed before a United States Magistrate Judge.”
The judge enforces the prison-litigation exhaustion requirement strictly and as a threshold, jurisdictional issue, resolving it on summary judgment before reaching the merits when a defendant raises it -- even offering it as an independent, alternative ground for dismissal.
“Since exhaustion is a threshold issue that courts must address to determine whether litigation is being conducted in the right forum at the right time, ... judges may resolve factual disputes concerning exhaustion without the participation of a jury.”
Cautions
The judge dismisses a pro se prisoner's suit sua sponte under Rule 41(b) once the plaintiff stops keeping the court apprised of a current address and fails to respond to a show-cause order, after multiple prior warnings.
“Plaintiff has failed to comply with the court order to show cause [27] or to heed the Court's five Orders warning him to keep his address current. He has had no contact with the Court since the omnibus hearing of October 19, 2017.”
A pro se plaintiff's transfer to a different facility moots requests for injunctive relief tied to conditions at the facility he left, and the judge treats conclusory allegations of retaliation as insufficient to overcome that mootness or to justify emergency relief.
“Plaintiff's requested injunctive relief would undermine the prison disciplinary system, effectively immunizing him from RVRs, disciplinary proceedings, housing transfers, classification status changes, and personal or property searches.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“It is recommended that Respondent's Motion to Dismiss [9] be granted and the 28 U.S.C. § 2241 Petition dismissed with prejudice as moot.”
“IT IS THEREFORE ORDERED AND ADJUDGED that the decision of the Commissioner is AFFIRMED and Plaintiff's complaint is dismissed with prejudice.”
“MEMORANDUM AND OPINION: The Court affirms the ALJ's decision as it is supported by substantial evidence and in accord with relevant legal standards. Signed by Magistrate Judge Robert H. Walker on 3/9/17.”
“Memorandum Opinion and Order, the Commissioner's decision is affirmed. A separate judgment will be entered. Signed by Magistrate Judge Robert H. Walker on 2/28/2019.”
“Based upon the record in its entirety, the Court finds substantial record evidence supports the decision of the Commissioner, and that the decision was reached in accord with relevant legal standards. The decision of the Commissioner will therefore be affirmed, and Allen's motion for summary judgment, denied.”
“IT IS THEREFORE ORDERED AND ADJUDGED that Plaintiff's [14] request for remand to the Commissioner is GRANTED and the Commissioner's [18] Motion to Affirm is DENIED. IT IS FURTHER ORDERED that the decision of the Commissioner of Social Security is REVERSED and the case is REMANDED to the Commissioner for further proceedings consistent with this Order.”
“IT IS THEREFORE ORDERED AND ADJUDGED that Plaintiff's [12] [78] [110] [111] [126] Motions for TRO/Preliminary Injunction and Evidentiary Hearing are DENIED.”
“IT IS THEREFORE ORDERED AND ADJUDGED that Defendants' [286] Motion for Summary Judgment is GRANTED on the issue of exhaustion. Plaintiff's claims are dismissed without prejudice based on his failure to exhaust administrative remedies prior to filing the instant lawsuit.”
Consent prisoner civil-rights suit. The court dismissed the case sua sponte under Federal Rule of Civil Procedure 41(b) after the plaintiff stopped keeping the court apprised of his address and failed to respond to a show-cause order -- a docket-management dismissal, not a ruling on a party motion.
“IT IS THEREFORE ORDERED AND ADJUDGED that Defendants' [37] [39] Motions for Summary Judgment are GRANTED and that Plaintiff's 42 U.S.C. § 1983 civil rights complaint is dismissed with prejudice as to all claims and all Defendants.”
“The undersigned recommends that Defendant Centurion of Mississippi, LLC's [29] Motion for Summary Judgment be GRANTED and that Plaintiff's claims against Centurion be dismissed with prejudice.”
“IT IS THEREFORE ORDERED AND ADJUDGED that Defendants' [49] Motion for Summary Judgment is GRANTED, and that Plaintiff Ronald Jason Allen's 42 U.S.C. § 1983 civil rights complaint is hereby dismissed with prejudice as to all claims and all Defendants.”
Caseload & timing
From public federal docket records for this judge.
During Walker's 2004-2020 tenure, his Gulfport docket was dominated by consent Social Security disability appeals under 28 U.S.C. 636(c), pro se prisoner and county-jail civil-rights suits, and civil and criminal matters referred by the district judges. Many prisoner cases were screened at an omnibus hearing and later resolved through a consent summary-judgment ruling or an adopted Report and Recommendation. Walker retired on August 1, 2020, and was succeeded by Robert P. Myers Jr.
A historical record
Judge Walker no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.