Clarence Walker v. Thomas P. Roth

The district court dismissed Clarence Walker’s petition for a writ of habeas corpus, 28 U.S.C. § 2254, on the ground that it was a second or successive petition that could not be filed without prior authorization from this court. See, 28 U.S.C. § 2244. Mr. Walker therefore filed an application for leave to file a second or successive petition for habeas relief in this court. We dismiss the application as unnecessary, and instruct the district court to accept Walker’s petition.

In 1966, an Illinois jury convicted Walker of rape, armed robbery and attempted murder. The state court imposed an…