Dean v. Stewart
Dean v. Stewart
Opinion of the Court
MEMORANDUM
Arizona state prisoner Kenneth Chance Dean appeals pro se the district’s denial of his 28 U.S.C. § 2254 petition. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.
Dean contends that the district court erred in finding that his Sixth Amendment claims based on substitution of counsel and right to self-representation were procedurally defaulted.
Dean also contends that his due process rights were violated when the state court failed to grant him an evidentiary hearing on the aforementioned claims. In order to qualify for an evidentiary hearing, appellant must both (1) “allege facts, which, if proven, would entitle him to relief, and (2) show that he did not receive a full and fair hearing in a state court, either at the time of trial or in a collateral proceeding.” See Belmontes v. Woodford, 350 F.3d 861, 890-91 (9th Cir. 2003). Here, Dean has failed to allege any facts, which if proven, would entitle him to relief. Thus, an evidentiary hearing was not merited. See id.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. We address only the claims for which a certificate of appealability was granted. See 9th Cir. R. 22-1; Hiivala v. Wood, 195 F.3d 1098, 1102-03 (9th Cir. 1999).
Reference
- Full Case Name
- Kenneth Chance DEAN, Petitioner—Appellant v. Terry L. STEWART, Director, Respondents—Appellees
- Status
- Published