The following excerpt is from Anderson v. Gipson, No. 2:12-cv-2964 KJN P (E.D. Cal. 2014):
Federal habeas review under 28 U.S.C. 2254(d)(1) "is limited to the record that was before the state court that adjudicated the claim on the merits." Cullen v. Pinholster, 131 U.S. 1388, 1398 (2011); see also Gulbrandson v. Ryan, 738 F.3d 976, 994 (9th Cir. 2013) (when a state court has denied habeas claims on their merits, Pinholster precludes "further factual development of these claims" through an evidentiary hearing to determine whether Section 2254(d)(1) or (d)(2) is satisfied.) Accordingly, petitioner's request for an evidentiary hearing must be denied.
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