Hager

MEMORANDUM **

Petitioner-appellant Michael Hager appeals the district court’s denial of his motion for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 . Two issues have been certified for appeal: I) whether petitioner was misadvised by counsel as to his right to withdraw his no contest plea, and 2) whether he received ineffective assistance of counsel during his subsequent motion to withdraw his plea.

We have jurisdiction pursuant to 28 U.S.C. § 2253 and we affirm. As the parties are familiar with the facts and procedural history of the case, we will not detail them here except as necessary.

I. Counsel’s Advice

The district court adopted a magistrate report and recommendation finding that Hager’s trial counsel did not advise him that he was free to withdraw his plea after it was entered. A magistrate judge’s findings of fact adopted by the district court are reviewed under the clear error standard. Wildman v. Johnson, 261 F.3d 832, 836 (9th Cir.2001).

In this case the magistrate’s finding was not clearly erroneous. Hager provided no evidence other than his own allegation that Born misadvised him that he could withdraw his plea. The district court adopted the finding that…