Macomber

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY APILADO, No. 2:24-cv-00168-CKD Petitioner, v. ORDER AND JEFFREY MACOMBER, FINDINGS AND RECOMMENDATIONS Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 along with a motion to proceed in forma pauperis. ECF Nos. 1-2. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1). I. Factual and Procedural Background Petitioner was convicted of rape, lewd and lascivious conduct and attempted lewd and lascivious conduct following a jury trial in the Sacramento County Superior Court. On April 1, 2010, he was sentenced to serve 15 years to life plus a determinate term of 4 years in prison. Petitioner’s conviction was affirmed on direct appeal. Petitioner filed a habeas corpus petition in the state trial court seeking relief pursuant to California Assembly…