What is the test for a motion under section 2255 of the Civil Procedure Code to obtain an evidentiary hearing?
MultiRegion, United States of America
The following excerpt is from Galindo-Vega v. United States, Case No.: 14cr0341, Case No.: 16cv1405 (S.D. Cal. 2016):
If it is clear the movant has failed to state a claim, or has "no more than conclusory allegations, unsupported by facts and refuted by the record," a district court may deny a 2255 motion without an evidentiary hearing. United States v. Quan, 789 F.2d 711, 715 (9th Cir. 1986).
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