Pollard

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LOY LOUIS RACKLEY, No. 2:21-cv-01784-DAD-EFB (HC) Petitioner, v. FINDINGS AND RECOMMENDATIONS MARCUS POLLARD, Warden, Respondent. 16 Petitioner is a state prisoner proceeding with counsel in this petition for a writ of habeas corpus. 28 U.S.C. § 2254. He challenges his conviction on two counts of sexual penetration or oral copulation with a child 10 years old or younger and three counts of lewd and lascivious acts upon a child under the age of 14. ECF No. 1. I. Background The facts, as relayed by the California Court of Appeal1, are:

Defendant moved to Redding in 2015 to be closer to family. He hosted barbecues and other family gatherings at his house, which featured a pool and hot tub. Defendant's niece, J., was a frequent visitor, especially in summer, when her daughter, A., made regular use of the pool. 25 /////

1 The facts recited by the state appellate court are presumed to be…