Is there an evidentiary hearing to determine whether a plaintiff has been successful in his claim?
MultiRegion, United States of America
The following excerpt is from Foley v. Kernan, Case No.: 16cv0408-JLS (BGS) (S.D. Cal. 2017):
allegations in the Petition are true, the state court record provides an adequate basis to adjudicate his claims. See Campbell v. Wood, 18 F.3d 662, 679 (9th Cir. 1994) (holding that an evidentiary hearing is not necessary where the federal claim can be denied on the basis of the state court record, and where the allegations, even if true, do not provide a basis for relief).
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