Cates

(DP) Cowan v. Cates

Good Law
United States District Court, Eastern District of CaliforniaNovember 6, 20201:19-cv-00745California2,431 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

9 10 ROBERT WESLEY COWAN, Case No. 1:19-cv-00745-DAD 11 Petitioner, DEATH PENALTY CASE 12 v. ORDER (1) GRANTING FURTHER EQUITABLE TOLLING TO AND RONALD DAVIS, Warden of the California INCLUDING MAY 11, 2021, and (2) State Prison at San Quentin, MODIFYING CASE SCHEDULE

Respondent. 16

18 On October 5, 2020, petitioner Robert Wesley Cowan, moved through counsel, to equitably toll the statute of limitations deadline under 28 U.S.C. § 2244 for the filing of his federal habeas petition in this action. The motion, petitioner’s third, requests that the current, as tolled, petition filing deadline of November 11, 2020, be further equitably tolled to and including May 11, 2021, and that the case scheduling be modified so that respondent’s answer be made due six (6) months after filing of an amended federal habeas petition. Petitioner set the motion for hearing on November 3, 2020 before the undersigned with the understanding the court would rule on the…

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