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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 THOMAS HOWARD LENART, No. 2:05-cv-01912-MCE-CKD 12 Petitioner,

DEATH PENALTY CASE

13 v.

14 ROBERT L. AYERS, FINDINGS AND RECOMMENDATIONS 15 Respondent. 16 17 18 On February 16, 2024, petitioner filed a motion to dismiss the pending amended capital 19 habeas petition on the ground that it is moot based on petitioner’s death. ECF No. 225. 20 Petitioner’s death certificate was attached to the motion to dismiss. ECF No. 225-1. Respondent 21 filed a statement of non-opposition to the motion. ECF No. 226. For the reasons stated in the 22 motion, the undersigned finds that the amended habeas petition is moot and that no case or 23 controversy remains for the court to adjudicate. 24 Accordingly, IT IS HEREBY RECOMMENDED that: 25 1. Petitioner’s motion to dismiss the amended habeas corpus application (ECF No. 225) 26 be granted. 27 2. The Clerk of Court be directed to close this case. 28 ] These findings and recommendations are submitted to…