Davis

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4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9

10 RICHARD ALLEN McWHORTER, Case No. 1:20-cv-00215-NONE

11 Petitioner, DEATH PENALTY CASE

12 v. ORDER GRANTING EQUITABLE

TOLLING TO AND INCLUDING

13 RONALD DAVIS, Warden of California State MARCH 31, 2021, and DENYING Prison at San Quentin, WITHOUT PREJUDICE FURTHER 14 EQUITABLE TOLLING Respondent. 15 16

17 18 On July 15, 2020, petitioner Richard Allen McWhorter, moved through counsel to 19 equitably toll the limitations deadline under 28 U.S.C. § 2244(d)(1) for the filing of his petition 20 in this action from January 22, 2021 to and including March 31, 2021 due to delay in the 21 appointment of federal habeas counsel, and to further equitably toll that deadline to “one year 22 from the date that San Quentin State Prison removes restrictions on legal visiting and 23 California’s stay-at-home order, issued on March 19, 2020, is lifted[,]” due to the impacts of 24 the COVID-19 pandemic. (Doc. No. 15 at 2.) 25 On…