Aiello v. United States of America

Filing 19

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that petitioners Motion to Stay Further Proceedings Doc. 18 is GRANTED. IT IS FURTHER ORDERED that within ten (10) days of a decision in Welch v. United States and within ten (10) days of a decision in Ma this v. United States, petitioner shall notify the Court in writing so the stay may be lifted and appropriate action taken herein. IT IS FURTHER ORDERED that the present case is STAYED and this action is ADMINISTRATIVELY CLOSED, pending further order of this Court. Signed by District Judge Rodney W. Sippel on 2/11/16. (ARL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
SHAWN MICHAEL AIELLO,
Movant,
v.
UNITED STATES OF AMERICA,
Respondent.

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No. 4:15-CV-1076-RWS

MEMORANDUM AND ORDER
This matter is before the Court on petitioner’s Motion to Stay Proceedings, pending
decisions in Welch v. United States and Mathis v. United States [Doc. 18]. The government has
not filed a response to the motion and the time to do so has passed.
Petitioner seeks to stay the instant proceedings, pending a decision by the United States
Supreme Court in Welch v. United States, No. 15-6418, 2016 WL 90594 (cert. granted Jan. 8,
2016), and Mathis v. United States, No. 15-6092, 2016 WL 207258, (cert. granted Jan. 19, 2016).
Petitioner asserts that Welch and Mathis involve questions of law directly related to the issues
raised in this matter, and “potentially will be dispositive of the issues” herein.
The Court concludes it would be in the interest of judicial economy to stay this matter
pending decisions by the Supreme Court in Welch and Mathis. The Motion to Stay should,
therefore, be granted. Petitioner will be ordered to notify the Court within ten (10) days after a
decision has been made in each case, so the stay may be lifted and appropriate action taken
herein.
Accordingly,

IT IS HEREBY ORDERED that petitioner’s Motion to Stay Further Proceedings [Doc.
18] is GRANTED.
IT IS FURTHER ORDERED that within ten (10) days of a decision in Welch v. United
States and within ten (10) days of a decision in Mathis v. United States, petitioner shall notify the
Court in writing so the stay may be lifted and appropriate action taken herein.
IT IS FURTHER ORDERED that the present case is STAYED and this action is
ADMINISTRATIVELY CLOSED, pending further order of this Court.
Dated this 11th day of February, 2016.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE

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