Andrew Lewis McCarter v. Brian Gunn, Warden

34 F.3d 1072 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Andrew Lewis McCARTER, Petitioner-Appellant, v. Brian GUNN, Warden, et al., Respondent-Appellee. No. 93-55987. United States Court of Appeals, Ninth Circuit. Submitted Aug. 3, 1994. 1 Decided Aug. 29, 1994. 1 Before: O'SCANNLAIN and T.G. NELSON, Circuit Judges, and MERHIGE, Senior District Judge. 2 MEMORANDUM 3 2 Petitioner-appellant Andrew Lewis McCarter, a state prisoner, appeals the district court's dismissal of his petition for writ of habeas corpus made under 28 U.S.C. Sec. 2254 . 3 Appellant contends that the district court abused its discretion in denying his motion for an evidentiary hearing. Appellant has failed to demonstrate that the facts he alleges, if proven, would entitle him to relief. As such, the trial court did not abuse its discretion in denying his motion for an evidentiary hearing. See Watts v. United States, 841 F.2d 275 (9th Cir.1988). 4 McCarter also maintains that the district court…