105 F.3d 665: Chester Ray Hart, Petitioner-appellant, v. State of California; Attorney General of the State Ofcalifornia, Respondents-appellees

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United States Court of Appeals, Ninth Circuit. - 105 F.3d 665

Submitted Dec. 16, 1996.*Decided Dec. 19, 1996

Before SNEED, TROTT, and THOMAS, Circuit Judges.

1

MEMORANDUM**

2

Chester Ray Hart, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2254 habeas petition challenging his jury conviction for six counts of child molestation. Hart contends that his attorney-client and physician-patient privileges were violated when the prosecution used the same laboratory to conduct paternity tests that the defense had used previously. Hart also contends that his attorney was ineffective for failing to obtain a protective order to prevent the above actions by the prosecution.1 We have jurisdiction under 28 U.S.C. § 2253. We review de novo, Duckett v. Godinez, 67 F.3d 734, 739 (9th Cir.1995), cert. denied, 116 S.Ct. 1549 (1996), and affirm for the reasons stated in the magistrate judge's Findings and Recommendations filed September 6, 1995 and adopted by the district court in its order filed October 23, 1995.

3

AFFIRMED.

1

We do not address the numerous issues Hart raises for the first time on appeal. See Morgan v. Bunnell, 24 F.3d 49, 52 (9th Cir.1994) (holding that this court does not address issues not raised in the habeas petition)