Ramon Del Rio, Petitioner-appellant, v. Attorney General of the State of California; Ana Marieolivarez, Respondents-appellees, 107 F.3d 15 (9th Cir. 1997)

MEMORANDUM^** 

Ramon Del Rio, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2254 habeas petition. Del Rio was convicted in San Diego Superior Court of two counts of first degree murder. Rio contends that: (1) his first degree murder convictions were not supported by sufficient evidence; (2) the trial court committed judicial misconduct by failing to read back to the jury the testimony of one witness; (3) trial counsel was ineffective for failing to subpoena certain witnesses and to adequately cros-examine William Kemery; (4) the trial court committed prejudicial error by excluding the results of Del Rio's polygraph test; and (5) trial counsel was ineffective for not moving for an acquittal based upon the prosecution's failure to submit police reports within two days of trial counsel's first appearance. We have jurisdiction pursuant to 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 report and recommendation filed November 29, 1994, and adopted by the district judge in the order filed March 29, 1995.¹ 

AFFIRMED.