Knipp

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DANIEL SETH MACIEL, No. 2:12-cv-1023 MCE AC Petitioner, v. FINDINGS AND RECOMMENDATIONS WILLIAM KNIPP, 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 first amended petition, ECF No. 34, which challenges petitioner’s 2009 conviction for first degree murder and attempted burglary. Claims One through Four have been dismissed as untimely, ECF Nos. 50, 54, and respondent has answered Claims Five and Six, ECF No. 57. Petitioner did not file a traverse. BACKGROUND I. Proceedings in the Trial Court A. Preliminary Proceedings Petitioner and three others were charged in San Joaquin County with murder and related charges arising from a botched burglary that ended un a homicide. Petitioner plead not guilty and went to trial with codefendants…