Davis

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

RICHARD ALLEN McWHORTER, Case No. 1:20-cv-00215-JLT

Petitioner, DEATH PENALTY CASE

v. ORDER GRANTING FURTHER

EQUITABLE TOLLING TO AND

RONALD DAVIS, Warden of California State INCLUDING AUGUST 1, 2022 Prison at San Quentin, 14 Respondent.1 15 On January 31, 2022, petitioner Richard Allen McWhorter, through appointed counsel Saor Stetler and Kresta Daly, moved to equitably toll the limitations deadline under 28 U.S.C. § 2244 for the filing of his federal habeas petition in this action. The motion, petitioner’s fourth, requests that the current, as tolled, petition filing deadline of January 31, 2022, be further equitably tolled to and including August 1, 2022, due to continuing extraordinary circumstances raised by the COVID-19 pandemic. On February 14, 2022, respondent Warden Ronald Davis, through counsel, Deputy Attorney General Brook Bennigson, timely filed his response to the motion. On February 21, 2022, petitioner timely filed a reply…