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 DENYING FURTHER EQUITABLE

TOLLING WITHOUT PREJUDICE TO

OAK SMITH, Warden of California State Prison RENEWAL at San Quentin, 15 Respondent.1

17 On January 20, 2023, 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 amended habeas corpus petition in this proceeding. The motion, petitioner’s sixth, requests that the current as tolled petition filing deadline of January 30, 2023 be further equitably tolled to and including May 30, 2023 on grounds of: (i) extraordinary circumstances raised by COVID-19 and its variants and subvariants (collectively “COVID-19”), (ii) his impaired mental and physical health and lack of stamina, and (iii) his counsel’s need for additional Criminal Justice Act (“CJA”) funding. …