Cady v. United States

MEMORANDUM DECISION & ORDER

McAVOY, Chief Judge.

I. PROCEDURAL HISTORY

Pending before the Court is plaintiffs motion for declaratory judgment filed pursuant to 28 U.S.C. § 2201 (“Declaratory Judgment Act”). Plaintiff, Stephen Cady, a defendant in a prior related criminal action,1 asks this Court to determine what effect his prospective filing of a § 2255 motion would have on a plea agreement executed between him and the government, the defendant herein. See 28 U.S.C. § 2255. The government opposes plaintiffs motion, arguing that until plaintiff actually files his § 2255, no case or controversy…