Robert H. Walker
How Judge Walker rules, drawn from 14 signed orders. Every observation links to the order it came from.
Judge Walker no longer sits on this court. This profile is preserved as a historical record of how they ruled here.
About Judge Walker
Robert H. Walker served as a United States Magistrate Judge for the Southern District of Mississippi from November 2004 until his retirement in August 2020. Before joining the federal court, he was a Mississippi Circuit Court judge in the state’s Second Judicial District. He was succeeded in the Gulfport magistrate judgeship by Robert P. Myers Jr.
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 Roe v. Commissioner of Social Security, Walker reversed and remanded a benefits denial because the administrative law judge did not discuss or weigh a treating psychologist’s opinion suggesting a more limited residual functional capacity.
“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 Allen v. Centurion of Mississippi, LLC, Walker granted summary judgment on the remaining medical-care claims. As to Nurse Mingo, he found that the dispute concerned the timing of daily medication and did not establish deliberate indifference.
“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 Bradley v. Gautier Police Departments, Walker conducted a screening hearing in a prisoner civil rights case where the parties consented to magistrate-judge jurisdiction. He later resolved the remaining claims on summary judgment.
“The Court conducted a screening hearing on October 18, 2018, at which time the parties consented to proceed before a United States Magistrate Judge.”
In Shaw v. Quality Correctional Health Care, Walker granted the defendants summary judgment and alternatively dismissed the prisoner's claims without prejudice for failure to exhaust administrative remedies.
“In the alternative, Plaintiff’s complaint is dismissed without prejudice for failing to exhaust administrative remedies.”
Cautions
In Thornton v. Taha, Walker dismissed a prisoner’s civil rights case under Rule 41(b) after the plaintiff stopped responding, failed to keep his address current despite five warnings, and did not answer an order to show cause.
“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.”
In Walker v. Hunt, he denied a prisoner’s temporary restraining order motions after finding that transfer to another facility mooted relief concerning the former facility and that the remaining allegations did not support emergency relief.
“Plaintiff’s motions are moot because he has been transferred to a different facility.”
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.
Pending matters in the official report
Judge Walker was last listed in the Civil Justice Reform Act report as of March 31, 2022.
| Motions pending more than six months | 0 |
| Bench trials submitted more than six months | 0 |
| Bankruptcy appeals pending more than six months | 0 |
| Social Security appeals pending more than six months | 0 |
| Civil cases pending more than three years | 0 |
| Report | Motions over six months | Cases over three years |
|---|---|---|
| Mar 2022 | 0 | 0 |
| Sep 2021 | 0 | 0 |
A snapshot on that date: matters listed may since have been decided or reassigned. A motion referred to a magistrate judge is counted for both judges. Motions in multidistrict litigation, section 2255 cases and Social Security appeals are not counted, and a very large three-year count is generally a multidistrict docket. Source: Appendix A of the report (PDF); about the report.
A historical record
Judge Walker no longer sits on this court. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.