Knipp

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DANIEL SETH MACIEL, No. 2:12-cv-1023 MCE AC 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS 14 WILLIAM KNIPP, Warden, 15 Respondent. 16 17 Petitioner is a California state prisoner proceeding pro se with an application for a writ of 18 habeas corpus pursuant to 28 U.S.C. § 2254. The action proceeds on the first amended petition, 19 ECF No. 34, which challenges petitioner’s 2009 conviction for first degree murder and attempted 20 burglary. Claims One through Four have been dismissed as untimely, ECF Nos. 50, 54, and 21 respondent has answered Claims Five and Six, ECF No. 57. Petitioner did not file a traverse. 22 BACKGROUND 23 I. Proceedings in the Trial Court 24 A. Preliminary Proceedings 25 Petitioner and three others were charged in San Joaquin County with murder and related 26 charges arising from a botched burglary that ended un a homicide. Petitioner plead not guilty and 27 went to trial with codefendants…