Tommie Lee Stewart, Petitioner-appellant, v. Tana Wood, Respondent-appellee, 132 F.3d 40 (9th Cir. 1997)

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US Court of Appeals for the Ninth Circuit - 132 F.3d 40 (9th Cir. 1997) Dec. 22, 1997. Submitted Dec. 15, 1997. **

Appeal from the United States District Court for the Western District of Washington, No. CV-95-00288-CRD; Carolyn R. Dimmick, District Judge, Presiding.

Before: SNEED, LEAVY and TROTT, Circuit Judges.


MEMORANDUM* 

Tommie Lee Stewart, a Washington state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2254 petition challenging his 1991 conviction of second degree murder. We review de novo. See Martinez-Villareal v. Lewis, 80 F.3d 1301, 1304 (9th Cir.), cert. denied, 117 S. Ct. 588 (1996). We have jurisdiction under 28 U.S.C. § 2253 and we affirm for the reasons stated by the district court in the magistrate's "Second Report and Recommendation" filed January 23, 1996.

AFFIRMED.

 **

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a); 9th Cir. R. 34-4. Accordingly, appellant's request for a telephonic conference is denied

 *

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3

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