William Kerr v. Michael Thurmer

• Court: Court of Appeals for the Seventh Circuit
• Decided: May 30, 2012
• Docket: 09-1032
• Status: Unpublished

Opinion

NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1

United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604

Submitted April 27, 2012 Decided May 30, 2012

Before

MICHAEL S. KANNE, Circuit Judge

DIANE P. WOOD, Circuit Judge

DAVID F. HAMILTON, Circuit Judge

No. 09-1032

WILLIAM R. KERR, On Remand from the Supreme Court of Petitioner-Appellant, the United States

v. No. 2:04-cv-01153-CNC

MICHAEL A. DITTMANN, Charles N. Clevert, Jr., Chief Judge Respondent-Appellee.

ORDER

After the district court’s decision denying William Kerr’s petition for a writ of habeas corpus, this court vacated its judgment and remanded the case for Kerr to develop his factual claims. Kerr v. Thurmer, 639 F.3d 315 (7th Cir. 2011). Respondent then filed a petition for a writ of certiorari with the United States Supreme Court, which granted the petition, vacated our judgment, and remanded for reconsideration in light of Lafler v. No. 09-1032 Page 2

Cooper, 132 S. Ct. 1376 (2012). Pursuant to Circuit Rule 54, the parties have now filed a joint statement discussing what action they believe to be appropriate. They have indicated that

no further action in this court is needed at this time, and thus that the case can simply be remanded to the district court for further proceedings consistent with Lafler. We agree with that position, and so we hereby order the case REMANDED for this purpose.