Roe

Bell v. Roe

Good Law
59 F. App'x 196
United States Court of Appeals for the Ninth CircuitFebruary 19, 2003No. 02-16007; D.C. No. CV-01-00940-MJJCalifornia1,083 words

Opinion

Lead Opinion

MEMORANDUM ***

Alphonso Bell (“Bell”) appeals the district court’s denial of his petition for a writ of habeas corpus and denial of his request for an evidentiary hearing. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo the district court’s denial of Bell’s petition. Benn v. Lambert, 283 F.3d 1040,1051 (9th Cir.2002); Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999). Findings of fact made by the district court are reviewed for clear error. Killian v. Poole, 282 F.3d 1204, 1207 (9th Cir.2002). State court findings of fact are presumed to be correct unless petitioner rebuts the presumption with clear and convincing evidence. 28 U.S.C. § 2254 (e)(1); Zichko v. Idaho, 247 F.3d 1015, 1019 (9th Cir.2001). We may affirm the district court’s decision on any ground supported by the record even if it differs from the rationale of the district court. Paradis v. Arave, 240 F.3d 1169, 1175-76 (9th Cir.2001). The district court’s decision not to conduct an evidentiary hearing on an ineffective assistance of counsel claim is reviewed for abuse of discretion. United States v. Christakis, 238 F.3d 1164, 1168 (9th Cir.2001). We affirm the district court’s decision.

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