Davis

(DP) McWhorter v. Davis

Good Law
United States District Court, Eastern District of CaliforniaJuly 13, 20231:20-cv-00215California4,528 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

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

Petitioner, DEATH PENALTY CASE

v. TENTATIVE ORDER ON RENEWED

MOTION FOR FURTHER EQUITABLE

RON BROOMFIELD, Warden of California TOLLING State Prison at San Quentin, [15-Day Deadline] Respondent.1 16 17 I. INTRODUCTION On May 15, 2023, Petitioner Richard Allen McWhorter, through appointed counsel Saor Stetler and Kresta Daly, filed his federal amended habeas corpus petition pursuant to 28 U.S.C. § 2254 (Doc. 63), and concurrently renewed his previously denied request to further equitably toll the limitations deadline pursuant to 28 U.S.C. § 2244(d)(1) from January 30, 2023 to filing of the federal amended petition. (Doc. 64). The renewed motion for further equitable tolling is now before the Court. Respondent opposes this motion. (Doc. 65.) The renewed motion for further equitable tolling is deemed submitted for a decision. (Id.) …

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