Can a motion stating a claim be dismissed without a full evidentiary hearing?

MultiRegion, United States of America

The following excerpt is from Nagapetian v. U.S., 5 F.3d 538 (9th Cir. 1993):

Even when a motion states a claim, however, district courts still may dismiss it without a full evidentiary hearing. "[T]here are times when allegations of facts outside the record can be fully investigated without requiring the personal presence of the prisoner." Watts v. United States, 841 F.2d 275, 277 (9th Cir.1988) (per curiam). The decision whether to conduct a full hearing is committed to the district court's discretion; section 2255 requires only that a prisoner's claim be given careful consideration, including a full opportunity to present relevant facts. Id. at 277. Thus, a district court may deny a motion without holding an evidentiary hearing if the court expands the record with, for example, discovery or documentary evidence, and this additional evidence conclusively shows that the prisoner is not entitled to relief. See id. at 277-78.

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