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 RENEWED MOTION

FOR FURTHER EQUITABLE TOLLING

RON BROOMFIELD, Warden of California State Prison at San Quentin, 15 Respondent.1 16 I. INTRODUCTION Richard Allen McWhorter, through appointed counsel Saor Stetler and Kresta Daly, filed in this proceeding an amended habeas corpus petition pursuant to 28 U.S.C. § 2254 (Doc. 63), and a motion renewing 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 amended petition (Doc. 64). The renewed equitable tolling motion is now before the Court. Respondent Warden Ron Broomfield, through counsel, Deputy Attorney General Brook Bennigson, opposed the motion (Doc. 65), and Petitioner filed a reply. (Doc. 66.) On July 13, 2023, the Court issued a tentative order denying further equitable tolling. 26 …