The following excerpt is from United States v. Cota, CIVIL CASE NO. 18-cv-2787-WQH, CRIM CASE NO. 11-cr-4153-WQH (S.D. Cal. 2019):
An individual filing a claim for federal habeas corpus relief under 28 U.S.C. 2255 is entitled to an evidentiary hearing "unless the motion and the files and records of the case conclusively show the prisoner is entitled to no relief." United States v. Schaflander, 743 F.2d 714, 717 (9th Cir. 1984). This standard requires an evidentiary hearing unless the movant's allegations, when viewed against the record, do not state a claim for relief or are so palpably incredible or patently frivolous as to warrant summary dismissal. Id. A district court judge considering a habeas petition is not required to hold an evidentiary hearing when he can base his decision on the record which includes extensive transcripts of hearings and his own recollections of the proceedings. Shah, 878 F.2d at 1160.
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