Unpublished Disposition, 923 F.2d 862 (9th Cir. 1989)

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US Court of Appeals for the Ninth Circuit - 923 F.2d 862 (9th Cir. 1989)

Barry Wayne MCNAMARA, Petitioner-Appellant,v.Robert Glen BORG, Warden, Folsom State Prison, et al.,Respondent-Appellee.

No. 89-55758.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Oct. 3, 1990.Decided Jan. 25, 1991.

Before BOOCHEVER, BEEZER and TROTT, Circuit Judges.


MEMORANDUM* 

* Barry Wayne McNamara appeals the district court's denial of his habeas corpus petition. He claims he was denied a fair trial when the state trial court failed sua sponte to hold a hearing to determine whether he was competent to stand trial. He also contends the prosecutor improperly interfered with his Sixth Amendment right to counsel by filing a motion to have his attorney removed from the case, and that his attorney provided ineffective assistance by failing to request a competency hearing.

II

We have jurisdiction under 28 U.S.C. § 2253 (1988), and we affirm for the reasons stated in the magistrate's "Report and Recommendation" dated March 31, 1989, adopted by the district court.

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 Circuit Rule 36-3