Davis
(DP) McWhorter v. Davis
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…