Jimmie Earl Stephen v. K.W. Prunty, Warden Attorney General of the State of California

91 F.3d 155 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jimmie Earl STEPHEN, Petitioner-Appellant, v. K.W. PRUNTY, Warden; Attorney General of the State of California, Respondents-Appellees. No. 95-56431. United States Court of Appeals, Ninth Circuit. Submitted July 12, 1996. * Decided July 24, 1996. 1 Before: FERNANDEZ and TASHIMA, Circuit Judges, and MERHIGE, District Judge. ** 2 MEMORANDUM *** 3 California state prisoner Jimmie Earl Stephen appeals pro se the district court's denial of his 28 U.S.C. § 2254 habeas petition challenging his conviction and sentence for second-degree murder. We affirm. 1. Evidentiary Hearing 4 " 'A habeas petitioner is entitled to an evidentiary hearing to a claim if (1) the petitioner's allegations, if proved, would entitle him to relief, and (2) the state court trier of fact has not, after a full and fair hearing, reliably found the relevant facts.' " Rice v. Wood, 44 F.3d 1396, 1403 (9th Cir.1995), opinion vacated in part on…