Rose

MEMORANDUM **

Warren Rose appeals from the district court’s denial of his petition for a writ of habeas corpus. The facts and prior proceedings are known to the parties and are repeated herein only as necessary. Rose contends that he is entitled to habeas relief for three reasons. First, in a concurrently filed opinion, we deal with Rose’s contention that the state court application of Kansas v. Hendricks, 521 U.S. 346 , 117 S.Ct. 2072 , 138 L.Ed.2d 501 (1997), and Kansas v. Crane, 534 U.S. 407 , 122 S.Ct. 867 , 151 L.Ed.2d 856 (2002), was objectively unreasonable; this issue has been resolved there. See Rose v. Mayberg, 454 F.3d 958 (9th Cir.2006).

Second, Rose contends that the 2001 Sexually Violent Predator Act (“SVPA”), Cal. Welf. & Inst.Code § 6600 et seq, proceedings should have been barred by res judicata and collateral estoppel. We are not persuaded. Even assuming that there is a “clearly established federal law,” the application of such law would not be objectively unreasonable here. Lockyer v. Andrade, 538 U.S. 63, 75 , 123 S.Ct. 1166 , 155 L.Ed.2d 144 (2003). In Rose’s second commitment proceeding, the jury heard new evidence showing that Rose (1) may have had contact…