Allen

MEMORANDUM **

David Oliver Allen appeals the district court’s order denying his 28 U.S.C. § 2254 habeas corpus petition challenging his California conviction by guilty plea to attempted rape with a prior serious conviction. We affirm.

Allen seeks habeas relief on five claims: (1) His plea was constitutionally defective due to the trial court’s participation in the *620 charging decision; (2) Counsel rendered ineffective assistance during the plea process by failing to raise the preceding claim; (3) His plea was constitutionally defective due to the trial court’s failure to subsequently apprise him of all elements of the offense and the length of his parole term; (4) Counsel rendered ineffective assistance during the plea process by failing to apprise him of all elements of the offense and by failing to file a notice of appeal; and (5) The district court erred in failing to hold an evidentiary hearing on the aforementioned issues.

With respect to the first and second claims, we vacate the Certificate of Appealability and therefore do not address the issues presented. See 28 U.S.C. § 2253 (c)(2); Phelps v. Alameda, 366 F.3d 722, 728 (9th Cir.2004).

With respect to the third…