When a prisoner seeks relief based on new evidence without an evidentiary hearing, does the prisoner have to produce the evidence in order to seek relief?

MultiRegion, United States of America

The following excerpt is from Gregory v. Chavez, 1:98-cv-06521 LJO MJS HC (E.D. Cal. 2011):

"Those same restrictions apply a fortiori when a prisoner seeks relief based on new evidence without an evidentiary hearing." Holland v. Jackson, 542 U.S. 649, 652-653 (2004). This statutory limitation on the production of evidence is based on the same principles as exhaustion, which require a petitioner to diligently present his claims before state courts so that the state courts have the first opportunity to address such claims. The reasoning was set forth in Williams, 529 U.S. at 436-437:

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