Davis

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

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

Petitioner, DEATH PENALTY CASE

v. ORDER GRANTING EQUITABLE

TOLLING TO AND INCLUDING

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

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