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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 THOMAS HOWARD LENART, No. 2:05-cv-01912-MCE-CKD Petitioner,

DEATH PENALTY CASE

v.

ROBERT L. AYERS, FINDINGS AND RECOMMENDATIONS Respondent. 16 17 On February 16, 2024, petitioner filed a motion to dismiss the pending amended capital habeas petition on the ground that it is moot based on petitioner’s death. ECF No. 225. Petitioner’s death certificate was attached to the motion to dismiss. ECF No. 225-1. Respondent filed a statement of non-opposition to the motion. ECF No. 226. For the reasons stated in the motion, the undersigned finds that the amended habeas petition is moot and that no case or controversy remains for the court to adjudicate. Accordingly, IT IS HEREBY RECOMMENDED that: 1. Petitioner’s motion to dismiss the amended habeas corpus application (ECF No. 225) be granted. 2. The Clerk of Court be directed to close this case. 28 ] These findings and recommendations are submitted to…