Doe v. United States of America
ORDER. The clerk shall file the petition 1 in Doe, No. CV 16-108-BLG-SPW,as a motion to vacate, set aside, or correct the sentence under 28 U.S.C. §2255 in the criminal case CR 10-100-BLG-SPW. Civil file, No. CV 16-108-BLG-SPW, shall be closed. Signed by Judge Susan P. Watters on 6/18/2017. (TAG) Modified on 6/20/2017 to correct signing date (TAG).
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
JUN 2 u 2017
Clerk, U.S. District Court
District Of Montana
Cause No. CR 10-100-BLG-SPW
UNITED STATES OF AMERICA,
JEROME DANIEL MANCUSO,
Cause No. CV 16-108-BLG-SPW
UNITED STATES OF AMERICA,
This case comes before the Court on Defendant/Movant Mancuso' s petition
for writ of error coram nobis or audita querela. On June 7, 2017, an order was
issued advising Mancuso that he could not proceed anonymously and that he must
proceed, if at all, under 28 U.S.C. § 2255. On June 16, 2017, Mancuso notified the
Court that he agreed to recharacterization of his petition.
While the Court has already determined that Mancuso' s pleading states a
claim on which relief may be granted and is not untimely, see Order (Doc. 8), Doe,
No. CV 16-108-BLG-SPW (D. Mont. June 7, 2017), an answer will not be
required at this time. Two cases raising issues of belated discovery of potentially
exculpatory information, and specifically concerning the materiality of the
undisclosed information, are pending before the United States Supreme Court. See
Turner v. United States, No. 15-1503 (U.S. argued Mar. 29, 2017); Overton v.
United States, No. 15-1504 (U.S. argued Mar. 29, 2017). Decisions are likely to be
issued soon. Rather than generating additional questions as to whether the
pleadings need to be amended or whether they have adequately presented or
preserved various arguments, the better course is to stay the proceedings until both
parties have the benefit of the Supreme Court's decisions. When decisions are
issued in those cases, the Court will lift the stay and enter another order.
Accordingly, IT IS HEREBY ORDERED:
1. The clerk shall file the petition (Doc. 1) in Doe, No. CV 16-108-BLGSPW, as a motion to vacate, set aside, or correct the sentence under 28 U.S.C. §
2255 in the criminal case, United States v. Mancuso, No. CR 10-100-BLG-SPW.
A new civil file will be opened for administrative purposes only, and the current
civil file, No. CV 16-108-BLG-SPW, shall be closed.
2. Proceedings on the§ 2255 motion are STAYED pending decisions in
Turner v. United States, No. 15-1503 (U.S. argued Mar. 29, 2017), and Overton v.
United States, No. 15-1504 (U.S. argued Mar. 29, 2017). Shortly after those cases
are decided, the Court will issue another order in this case.
DATED this 18th day of June, 2017.
United States District Judge
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