Unpublished Disposition, 923 F.2d 861 (9th Cir. 1991)

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US Court of Appeals for the Ninth Circuit - 923 F.2d 861 (9th Cir. 1991)

Antone M. DOTTA, Petitioner-Appellant,v.J.C. KEENEY, Respondent-Appellee.

No. 90-35332.

United States Court of Appeals, Ninth Circuit.

Submitted Jan. 11, 1991.* Decided Jan. 25, 1991.

Before JAMES R. BROWNING, CANBY and TROTT, Circuit Judges.

MEMORANDUM** 

Summary judgment was appropriate for the reasons stated by the district court. Appellant's argument that his original counsel had a conflict of interest in fact was resolved against appellant in the state courts. See 28 U.S.C. 2254(d). Appellant's deliberate abandonment of his other issues in his first state post-conviction proceeding is an adequate state ground for refusal of subsequent relief. See Harris v. Reed, 109 S. Ct. 1038, 1041-42 (1989). Appellant has shown neither "cause" nor a "miscarriage of justice" that would permit federal courts to overlook the state's procedural bar. See Wainwright v. Sykes, 433 U.S. 72, 90-91 (1979).

AFFIRMED.

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Cir.R. 36-3

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a) and Ninth Circuit Rule 34-4

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