Smith v. Collins et al

Filing 43

ORDER. IT IS HEREBY ORDERED that 40 Smith's motion for extension of time is GRANTED. Smith must file a sworn declaration by 5/13/17, advising the court either (1) that he is voluntarily abandoning his unexhausted claims and will proceed on the exhausted claims only or (2) that he will return to state court to exhaust his unexhausted claims. Signed by Judge Jennifer A. Dorsey on 3/13/17. (Copies have been distributed pursuant to the NEF - ADR)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3
4

Phillip Smith,
2:14-cv-00483-JAD-NJK

5

Petitioner

6

v.

7

F.N.U. Collins, et al.,

Order Granting Motion to Extend
Time
[ECF No. 40]

8

Respondents

9
10
11

Phillip Smith, who is represented by counsel, moves for an extension of time to notify the
court how he wishes to proceed in this action. Good cause appearing,

12

IT IS HEREBY ORDERED that Smith’s motion for extension of time [ECF No. 40] is

13

GRANTED. Smith must file a sworn declaration by May 13, 2017, advising the court either (1) that

14

he is voluntarily abandoning his unexhausted claims and will proceed on the exhausted claims only

15

or (2) that he will return to state court to exhaust his unexhausted claims. If Smith fails to make an

16

election by this deadline, this case may be dismissed.

17

IT IS FURTHER ORDERED that if Smith elects to abandon his unexhausted ground,

18

respondents will have 30 days from service of the declaration of abandonment to answer Smith’s

19

remaining grounds for relief. The answer must contain all substantive and procedural arguments for

20

all surviving grounds of the petition and must comply with Rule 5 of the Rules Governing

21

Proceedings in the United States District Courts under 28 U.S.C. § 2254.

22
23
24
25
26
27
28

IT IS FURTHER ORDERED that Smith will have 30 days from service of respondents’
answer to file a reply.
Dated this 13th day of March, 2017.
_________________________________
_____________ __ _ __
_ _ ______ __
__
___
______
_____
Jennifer A. Dorsey
nifer Dorsey
e
y
United States District Judge
ted States
tate
tes
Judge
ud