Christopher Taylor v. Josh Tewalt

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS OCT 6 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

CHRISTOPHER TAYLOR, No. 20-35254

Petitioner-Appellant, D.C. No. 1:15-cv-00552-CWD

v.

MEMORANDUM*

JOSH TEWALT, Director, Idaho Department of Correction,

Respondent-Appellee.

Appeal from the United States District Court for the District of Idaho Candy W. Dale, Magistrate Judge, Presiding

Argued and Submitted June 10, 2021 Seattle, Washington

Before: W. FLETCHER, WATFORD, and COLLINS, Circuit Judges. Dissent by Judge COLLINS

Christopher Taylor appeals from the district court’s judgment denying Claim

B(2) of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. He

contends that the district court abused its discretion by denying Claim B(2) without

first holding an evidentiary hearing. We vacate the district court’s judgment and

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Page 2 of

remand for further proceedings.

In Claim B(2), Taylor contends that his…