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 JANUARY 31, 2022, and DENYING Prison at San Quentin, WITHOUT PREJUDICE FURTHER EQUITABLE TOLLING Respondent. 16

18 On September 15, 2021, petitioner Richard Allen McWhorter moved through appointed counsel, Saor Stetler and Kresta Daly, 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 September 27, 2021, be further equitably tolled to and including March 28, 2022. Respondent Warden Ronald Davis, through counsel, Deputy Attorney General Brook Bennigson, timely filed his response to the motion on October 13, 2021. Petitioner…