(HC)Garza

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANGEL M. GARZA, No. 1:23-cv-01723-JLT-SKO (HC) 12 Petitioner, ORDER DENYING PETITIONER’S MOTION

FOR EVIDENTIARY HEARING

13 v. [Doc. 59] 14 TAMMY CAMPBELL, 15 Respondent. 16 17 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 18 pursuant to 28 U.S.C. §2254. 19 On July 2, 2025, Petitioner filed a motion for an evidentiary hearing. (Doc. 59.) He 20 contends it is necessary to resolve contested factual issues concerning his claims. The Court finds 21 an evidentiary hearing is impermissible in this case. Therefore, the motion will be denied. 22 DISCUSSION 23 Evidentiary hearings are expressly authorized by Rule 8 of the Rules Governing Section 24 2254 Cases in the United States District Courts. However, under the AEDPA, if a state court 25 adjudicated Petitioner’s claim on the merits, the federal court’s review “is limited to the record 26 that was before the state court that adjudicated the claim…