Alcazar

MEMORANDUM *

This case arises out of the district court’s dismissal without a hearing of Marco Alcazar’s § 2255 petition alleging ineffective assistance of counsel. Alcazar alleges he requested that counsel file a notice of appeal on his behalf, and that counsel failed to do so. The sole question before us is whether Alcazar is entitled to an evidentiary hearing concerning this alleged failure to perfect his appeal. We conclude that he is, and remand the case to the district court for a hearing. Because the parties are familiar with the facts and procedural history, we will not recount them here.

A habeas petitioner is entitled to an evidentiary hearing “[u]nless the motion and the flies and records of the case conclusively show that the prisoner is entitled to no relief.” 28 U.S.C. § 2255 ; see also Shah v. United States, 878 F.2d 1156, 1158 (9th Cir.1989). An evidentiary hearing is ordinarily required if the motion states a claim based on matters outside the record or events outside the courtroom. See United States v. Burrows, 872 F.2d 915, 916 (9th Cir.1989). “The district court may deny a section 2255 motion without an evidentiary hearing only if the movant’s allegations,…