Ronald S. Kendig, Petitioner-appellant, v. Robert D. Hannigan; Attorney General of Kansas,respondents-appellees, 979 F.2d 858 (10th Cir. 1992)

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US Court of Appeals for the Tenth Circuit - 979 F.2d 858 (10th Cir. 1992) Nov. 6, 1992

Before JOHN P. MOORE, TACHA and BRORBY, Circuit Judges.


TACHA, Circuit Judge.

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.

Ronald S. Kendig appeals an order of the United States District Court for the District of Kansas denying his petition for writ of habeas corpus under 28 U.S.C. § 2254 for alleged violations of his constitutional rights under the Sixth and Fourteenth Amendments.

Mr. Kendig first argues that the district court erred in failing to hold an evidentiary hearing. We find that, because Kendig received a full and fair hearing of the evidence in his state proceedings, the district court was not required to hold an evidentiary hearing in this action. See Townsend v. Sain, 372 U.S. 293 (1963).

As to the merits of his petition, we exercise jurisdiction under 28 U.S.C. § 1291 and AFFIRM for substantially the reasons givens by the district court in its Memorandum and Order entered April 24, 1992. Mr. Kendig's motion to proceed in forma pauperis is GRANTED. Certificate of Probable Cause is ISSUED.

The mandate shall issue forthwith.


This order and judgment has no precedential value and shall not be cited, or used by any court within the Tenth Circuit, except for purposes of establishing the doctrines of the law of the case, res judicata, or collateral estoppel. 10th Cir.R. 36.3