Chappell

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

JOHNNY AVILA, JR., Case No. 1:11-cv-01196-AWI-SAB

Petitioner, DEATH PENALTY CASE

v. FINDINGS AND RECOMMENDATION

RECOMMENDING GRANTING

RON DAVIS, Warden of California State PETITIONER’S MOTION TO DISMISS Prison at San Quentin, PETITION AS MOOT 14 Respondent. (ECF No. 67)

FOURTEEN (14) DAY DEADLINE TO

OBJECT

18 Petitioner, Johnny Avila Jr., was convicted and sentenced to death in Fresno County 19 Superior Court on March 21, 1995. The judgment of conviction and sentence was affirmed by 20 the California Supreme Court on December 21, 2006. The United States Supreme Court denied 21 the petition for writ of certiorari on March 26, 2007. Petitioner’s state habeas petition was 22 denied on June 15, 2011. On July 19, 2011, Petitioner initiated this action by filing requests for 23 appointment of counsel, stay of execution, and in forma pauperis status. On June 14, 2012, 24 Petitioner, through counsel, filed his…