Opinion
1:20-cv-00215-NE
09-28-2021
RICHARD ALLEN McWHORTER, Petitioner, v. RONALD DAVIS, Warden of California State Prison at San Quentin, Respondent.[1]
DEATH PENALTY CASE
ORDER SCHEDULING PETITIONER'S THIRD MOTION FOR EQUITABLE TOLLING
The record reflects that on September 15, 2021, petitioner, through counsel, filed a third motion for equitable tolling of the deadline for filing his petition for writ of habeas corpus. (Doc. No. 29.) The motion has not been set for hearing.
Accordingly, respondent shall file his response to the instant motion not later than fifteen (15) days following the filed date of this order. Petitioner's reply shall be filed not later than seven (7) days from the filed date of the response. Thereupon, the matter shall be deemed submitted, and the parties will be notified by minute order if a hearing is necessary.
See Doc. No. 11, Doc. No. 29 at 1 n.1, regarding the Standing Order in Light of Ongoing Judicial Emergency in the Eastern District of California; see also General Orders in the Eastern District of California regarding COVID-19 Emergency available at: http://www.caed.circ9.dcn/index.cfm/iCAED/coronavirus-covid-19-guidance/
IT IS SO ORDERED.