Unpublished Disposition, 905 F.2d 1541 (9th Cir. 1989)

MEMORANDUM^** 

Sailor J. Kennedy ("Kennedy"), a federal prisoner, appeals pro se the district court's dismissal of two petitions which he filed pursuant to 28 U.S.C. § 2255 challenging his conviction of making false statements to a federally insured bank to obtain a line of credit. Kennedy argues that he received ineffective assistance of counsel, was subjected to prosecutorial misconduct, and suffered multiplicitous convictions.

We affirm the district court's order of dismissal for the reasons stated by the district court in its Memorandum and Order filed July 27, 1989 (ER 24), modifying and adopting the magistrate's reports and recommendations filed April 19, 1989 (ER 60) and May 23, 1989 (ER 30).

Kennedy's motion to strike portions of the government's brief which argue that Kennedy's section 2255 petitions are successive because they raise issues previously decided on direct appeal and in prior section 2255 petitions and appeals, and that his petitions are an abuse of the section 2255 process, is granted. The government did not oppose this motion, and there is no indication in the record that these issues were raised in the district court.

AFFIRMED.