(HC)(DP) Lenart v. Ornoski ( 2024 )

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 13 v. ORDER 14 ROBERT L. AYERS, JR., 15 Respondent. 16 17 Petitioner, a former death row inmate, is proceeding through counsel in this habeas corpus 18 action filed pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On February 28, 2024, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Neither party filed 23 objections to the findings and recommendations. 24 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 25 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). The Court has 27 reviewed the file and finds the findings and recommendations to be supported by the record and 28 by the magistrate judge’s analysis. 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations issued on February 28, 2024 (ECF No. 227) are 3 | ADOPTED. 4 2. Petitioner’s motion to dismiss the amended habeas corpus application (ECF No. 225) is 5 | GRANTED. 6 3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. 7 | § 2253 as this case is moot. 8 4. The Clerk of Court shall close this case. 9 IT IS SO ORDERED. 10 |} Dated: March 14, 2024 Mates LEK hu rfl ASX, Xe: 2 SENIOR UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28