Davis

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

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

Petitioner, DEATH PENALTY CASE

v. SCHEDULING ORDER

RON BROOMFIELD, Warden of California State Prison at San Quentin, 15 Respondent.1 16 On October 17, 2023, counsel for Petitioner Saor Stetler and Kresta Daly, and counsel for Respondent Deputy Attorney General Brook Bennigson, filed their joint case management statement regarding post-petition scheduling (Doc. 73), pursuant to the Court’s order of September 18, 2023 (Doc. 72). Therein, counsel state their respective positions on the exhaustion status of the amended habeas corpus petition filed in this proceeding on May 15, 2023 pursuant to 28 U.S.C. § 2254. Counsel also propose further scheduling for Petitioner’s anticipated motion to stay this proceeding pursuant to Rhines v. Weber, 544 U.S. 269 (2005), and hold it in abeyance of exhaustion proceedings in state court. The Court, having reviewed the joint statement, and the record, finds…