Tatum v. Neven et al

Filing 34

ORDER. IT IS ORDERED that 30 petitioner's motion to voluntarily dismiss his unexhausted claims is GRANTED. IT IS FURTHER ORDERED that 28 petitioner's motion for clarification and 29 motion for a copy of the federal rules ar e both DENIED as moot. IT IS FURTHER ORDERED that 31 respondents' motion for extension of time to file their answer to the petition is GRANTED nunc pro tunc. Signed by Judge James C. Mahan on 2/1/17. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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SYLVESTER SANFORD TATUM,

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Case No. 2:14-cv-01280-JCM-GWF

Petitioner,

ORDER

v.
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D.W. NEVEN, et al.,
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Respondents.
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This pro se habeas matter under 28 U.S.C. § 2254 comes before the court on

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petitioner Sylvester Sanford Tatum’s sworn declaration voluntarily abandoning the

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unexhausted claims in his petition, which he styled as a motion (ECF No. 30). Good

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cause appearing, Tatum’s motion is granted.

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After Tatum filed the declaration, respondents filed their answer to the remaining

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grounds (ECF No. 33). The court notes that, pursuant to its order dated February 2,

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2016, Tatum’s reply to the answer, if any, is due thirty (30) days from the date

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respondents served their answer, unless Tatum files a motion for extension of time.

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IT IS THEREFORE ORDERED that petitioner’s motion to voluntarily dismiss his
unexhausted claims (ECF No. 30) is GRANTED.

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IT IS FURTHER ORDERED that petitioner’s motion for clarification (ECF No. 28)
and motion for a copy of the federal rules (ECF No. 29) are both DENIED as moot.
IT IS FURTHER ORDERED that respondents’ motion for extension of time to file
their answer to the petition (ECF No. 31) is GRANTED nunc pro tunc.

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DATED: 1 February 2017.

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JAMES C. MAHAN
UNITED STATES DISTRICT JUDGE

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