Ervin Melvin Walker, Petitioner-appellant, v. R. Michael Cody, Warden, Respondent-appellee, 961 F.2d 221 (10th Cir. 1992)

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir.R. 34.1.9. The case is therefore ordered submitted without oral argument.

Petitioner Ervin Walker contends that the district court erred in dismissing his federal habeas corpus petition. On appeal, Walker argues that he is entitled to an evidentiary hearing pursuant to 28 U.S.C. § 2254 on the merits of his habeas petition. We exercise jurisdiction under 28 U.S.C. § 1291 and affirm.

We review a decision of the district court denying an evidentiary hearing for abuse of discretion. United States v. Barboa, 777 F.2d 1420, 1422 n. 2 (10th Cir. 1985). After carefully reviewing the record, we conclude that the district court did not abuse its discretion when it declined to hold an evidentiary hearing in this matter. The mandate shall issue forthwith.