Davis

(DP) McWhorter v. Davis

Good Law
United States District Court, Eastern District of CaliforniaMarch 24, 20211:20-cv-00215California1,874 words

Opinion

Trial Court Opinion

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 FURTHER

EQUITABLE TOLLING TO AND

RONALD DAVIS, Warden of California State INCLUDING SEPTEMBER 27, 2021 Prison at San Quentin, 14 Respondent.

16 On March 3, 2021, counsel on behalf of petitioner Richard Allen McWhorter moved to equitably toll the applicable 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 second, requests that the current as tolled petition filing deadline of March 31, 2021, be further equitably tolled to and including September 27, 2021. Respondent Warden Ronald Davis, through counsel, timely filed his response to the motion on March 16, 2021. Petitioner timely filed a reply in support of the motion on March 18, 2021. No hearing date has been set and the court finds that none is required. The matter is deemed submitted…

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