103 F.3d 139 (9th Cir. 1996)
Bruce Edward KINGMAN, Petitioner-Appellant,
v.
John M. RATELLE, Warden of the Richard C. Donovan Correctional Facility; Attorney General of the State of California, Respondents-Appellees.
No. 92-56474.
United States Court of Appeals, Ninth Circuit
November 7, 1996
Submitted November 5, 1996.
The panel unanimously finds this case suitable for decision without oral argument. Fed.R.App.P. 34(a); 9th Cir.R. 34-4. Because we affirm the dismissal of the petition under the former version of 28 U.S.C. § 2254, we do not consider whether the Antiterrorism and Effective Death Penalty Act of 1996 applies to this appeal.
Editorial Note:
This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)
Appeal from the United States District Court for the Central District of California, No. CV-92-1474-CBM; Consuelo B. Marshall, District Judge, Presiding.
C.D.Cal.
AFFIRMED.
Before: Pregerson, Reinhardt and T.G. Nelson, Circuit Judges.
MEMORANDUM
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3.
Bruce Edward Kingman, a California state prisoner, appeals the district court's denial of his 28 U.S.C. § 2254 habeas petition. We have jurisdiction under 28 U.S.C. § 2253. We review de novo, Calderon v. Prunty, 59 F.3d 1005, 1008 (9th Cir.1995), and affirm for the reasons stated in the report and recommendation filed on June 18, 1992, and adopted in the order filed August 28, 1992.
Moreover, because Kingman failed to allege any facts that would entitle him to habeas relief, the district court did not abuse its discretion in denying his request for an evidentiary hearing. See Williams v. Calderon, 52 F.3d 1465, 1484 (9th Cir.1995), cert. denied, 116 S.Ct. 937 (1996); see also Christian v. Rhode, 41 F.3d 461, 470 & n. 12 (9th Cir.1994).
AFFIRMED.