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 (1) GRANTING FURTHER

EQUITABLE TOLLING TO AND

RONALD DAVIS, Warden of California INCLUDING JANUARY 30, 2023, and (2) State Prison at San Quentin, DENYING ALTERNATIVE REQUEST FOR STAY Respondent.1

16 On August 5, 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 fifth, requests that the current as tolled petition filing deadline of August 1, 2022, be further equitably tolled to and including January 30, 2023, due to continuing extraordinary circumstances raised by COVID-19 and its variants and subvariants (collectively “COVID- 19”), and individual and governmental responses thereto. Alternatively,…