Madden

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TIMOTHY LOWDER, No. 2:15-cv-00912-TLN-AC Petitioner, v. FINDINGS AND RECOMMENDATIONS RAYMOND MADDEN, Warden, Respondent. 16 Petitioner is a California state prisoner proceeding pro se with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. This action proceeds on the petition filed on April 6, 2015,1 ECF No. 1, which challenges petitioner’s 2012 conviction for lewd acts with a child under the age of 14 years. Respondent has answered, ECF No. 17, and petitioner did not file a traverse. BACKGROUND I. Proceedings in the Trial Court A. Preliminary Proceedings and Conviction Petitioner was charged with four counts of lewd acts against a child under the age of 14. There were two trials in this case. During the first trial, the jury convicted petitioner of two lewd act counts against his niece, and a mistrial was declared as to two counts of lewd acts involving…