2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA

UNITED STATES OF AMERICA, Case No. 2:13-cr-00334-JCM-CWH-1 8 Plaintiff-Appellee, 9 v. ORDER 10| ANTON PAUL DRAGO, AKA Evan i Joseph Fogarty, Db Defendant-Appellant. 13 14 Presently before the court is the government’s motion to dismiss petitioner Anton Drago’s 15 motion to vacate, amend, or correct his sentence pursuant to

. (ECF No. 238). 16 Petitioner passed away on August 10, 2020. (ECF Nos. 237, 238). This court thus grants the government’s motion to dismiss the remaining motion as moot. See Garceau v. Woodford,

(9th Cir. 2005). Accordingly, 19 IT IS HEREBY ORDERED, ADJUDGED, and DECREED that the government’s motion 20 to dismiss (ECF No. 238) be, and the same hereby is GRANTED. 21 IT IS FURTHER ORDERED that petitioner’s motion to vacate, set aside, or correct 22 sentence pursuant to

(ECF No. 211) be, and the same hereby is, DENIED as 23 | moot. 2A The clerk is directed to enter separate civil judgment denying petitioner’s § 2255 motion 5 in the matter of Drago v. USA, case number 2:20-cv-00392-JCM. 36 DATED September 25, 2020. 27 — Ce. itas C. Aalan 28 UNITED STATES DISTRICT JUDGE