United States District Court, D. Massachusetts
MEMORANDUM AND ORDER ON PETITIONER'S SECOND
MOTION TO STAY
DENNIS SAYLOR, IV UNITED STATES DISTRICT JUDGE
an action by a state prisoner for a writ of habeas corpus
pursuant to 28 U.S.C. § 2254. Petitioner Alex Scensy has
filed a motion to stay the proceedings. For the reasons given
below, that motion will be denied.
petition for a writ of habeas corpus in this case was filed
on March 1, 2016, along with a first motion to stay in order
to exhaust state remedies. The Court denied that motion to
stay on August 4, 2016, because petitioner had not shown good
cause for his failure to exhaust all of his state remedies.
filed his brief in support of the petition on November 16,
2016. Respondent Kelly Ryan filed her brief on May 5, 2017.
Petitioner has not filed any reply, which, including
extensions of time, was due December 14, 2017.
November 17, 2017, petitioner filed a motion to stay the
proceedings. That motion states that he recently discovered
that the Commonwealth failed to provide what he believes are
six items of exculpatory evidence, see Brady v.
Maryland, 373 U.S. 83 (1963), namely:
1) The original [Massachusetts] State Police Laboratory's
Criminalistics Reports from the Theresa Stone investigation;
1996 reports [sic].
2) The original [Massachusetts State Police] Crime
Lab[oratory]'s 1996-2001 DNA-STR Reports and findings.
3) The original October 25th 1996 Crime Scene Unit's
Evidence Recovery Log.
4) The complete Chain of Custody Report from 1996-2017.
5) The [Massachusetts State Police] Report from October 25th
1996 Scene at the Chief Medical Examiners Office (post-crime
6) The complete November 5th 1996 application of search
warrant[, ] which includes affidavit, addendums, and Clerk
Magistrate David W. Bishop's signature.
(Mot. to Stay at 2). He states that he seeks a stay so that a
Committee for Public Counsel Services attorney can determine
whether his claim has enough merit to warrant a further
motion for a new trial in state court. (Id.).