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Scesny v. Ryan

United States District Court, D. Massachusetts

December 19, 2017

ALEX SCENSY, Petitioner,
v.
KELLY RYAN, Respondent.

          MEMORANDUM AND ORDER ON PETITIONER'S SECOND MOTION TO STAY

          F. DENNIS SAYLOR, IV UNITED STATES DISTRICT JUDGE

         This is 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.

         I. Background

         The 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.

         Petitioner 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.

         On 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 scene, pre-autopsy).
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.).

         II. ...


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