Lenart v. Ornoski

Filing 228

ORDER signed by Senior District Judge Morrison C. England, Jr on 03/14/2024 ADOPTING 227 Findings and Recommendations, GRANTING 225 Motion to Dismiss and DECLING to issue the Certificate of Appealability. CASE CLOSED. (Nair, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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THOMAS HOWARD LENART,

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Petitioner,
v.

No. 2:05-cv-01912-MCE-CKD
DEATH PENALTY
ORDER

ROBERT L. AYERS, JR.,
Respondent.

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Petitioner, a former death row inmate, is proceeding through counsel in this habeas corpus

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action filed pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate

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Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On February 28, 2024, the magistrate judge filed findings and recommendations herein

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which were served on all parties and which contained notice to all parties that any objections to

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the findings and recommendations were to be filed within fourteen days. Neither party filed

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objections to the findings and recommendations.

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The Court presumes that any findings of fact are correct. See Orand v. United States, 602

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F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo.

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See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). The Court has

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reviewed the file and finds the findings and recommendations to be supported by the record and

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by the magistrate judge’s analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations issued on February 28, 2024 (ECF No. 227) are

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ADOPTED.
2. Petitioner’s motion to dismiss the amended habeas corpus application (ECF No. 225) is
GRANTED.
3. The court declines to issue the certificate of appealability referenced in 28 U.S.C.
§ 2253 as this case is moot.

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4. The Clerk of Court shall close this case.

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IT IS SO ORDERED.

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Dated: March 14, 2024

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