What is the test for determining whether an evidentiary hearing is necessary in a motion to compel a district court to grant a hearing?
MultiRegion, United States of America
The following excerpt is from Goodrum v. Tampkins, Case No.: 11cv2262 AJB (JMA) (S.D. Cal. 2018):
restricts the district court's discretion to grant an evidentiary hearing." Baja v. Ducharme, 187 F.3d 1075, 1077 (9th Cir. 1999). The provisions of 28 U.S.C. 2254(e)(2) control this decision:
28 U.S.C.A. 2254(e)(2) (West 2006).
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