Charles Summers v. Nevada Attorney General

MEMORANDUM

Nevada state prisoner Charles Summers appeals the district court’s denial of his 28 U.S.C. § 2254 habeas petition challenging his Nevada murder conviction. We have jurisdiction pursuant to 28 U.S.C. § 2253 and affirm.

The district court did not err in denying claim one, which alleged that counsel was ineffective for failing to investigate or interview witnesses, on the merits. “Conclu-sory allegations” not supported by “specific facts do not warrant habeas relief.” Greenway v. Schriro, 653 F.3d 790, 804 (9th Cir.2011). Nor did the district court abuse its discretion by not allowing Summers to amend the claim. Amendment would have been futile because Summers cannot allege facts for a claim that has been exhausted in state court. Caswell v. Calderon, 363 F.3d 832, 837 (9th Cir.2004).

We agree that the district court erred in presuming that state court findings are correct pursuant to 28 U.S.C. § 2254 (e) without first ordering and reviewing the relevant transcripts for claims three and four. Dyer v. Wilson, 446 F.2d 900, 900 (9th Cir.1971) (per curiam); Rule 5 of the Rules Governing Section 2254 Cases Rules in the United States District Courts. However, the error was…