Kernan

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JERRY C. JOHNSON, No. 2:17-cv-02525 DAD AC 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS 14 SCOTT KERNAN, 15 Respondent. 16 17 Petitioner is a former California state prisoner1 proceeding pro se with an application for a 18 writ of habeas corpus pursuant to 28 U.S.C. § 2254. The action proceeds on the petition (ECF 19 No. 1) as supplemented (ECF No. 38). See ECF No. 45. Petitioner challenges his 2013 20 conviction for rape of an incompetent person. Respondent has answered, ECF No. 48, and 21 petitioner has filed a traverse, ECF No. 51. 22 BACKGROUND 23 I. Proceedings in the Trial Court 24 A. Preliminary Proceedings 25 Petitioner was charged with rape of a person incapable of consent, Cal. Penal Code § 26

27 1 Petitioner filed a notice of change of address in 2019, ECF No. 52, which suggested that he had been released from custody. The collateral consequences of his convictions prevent the case from 28 being…