Lackner

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES HARRIS, No. 16-cv-0252 TLN AC Petitioner, v. FINDINGS AND RECOMMENDATIONS HEIDI LACKNER, 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. The action proceeds on the petition filed on February 6, 2016, see ECF No. 1 at 16,1 which challenges petitioner’s 2012 conviction for the sexual abuse of his stepdaughters. Respondent has answered. ECF No. 12. Petitioner did not file a traverse, and the time for doing so has passed. BACKGROUND I. Proceedings In the Trial Court A. The Charges Petitioner was charged in Count One of the Amended Information with lewd acts upon a child under the age of 14 in violation of Cal. Pen. Code, § 288(A), with enhancements for 27 See Houston v. Lack, 487 U.S. 266 (1988) (establishing rule that a prisoner’s court document is 28 …