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GONZALEZ v. PLILER

No. 02-55640.

341 F.3d 897 (2003)

Frederico GONZALEZ, Petitioner-Appellant, v. Cheryl PLILER, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 26, 2003.

Attorney(s) appearing for the Case

Sung B. Park, Van Nuys, California, for the petitioner-appellant.

Bill Lockyer, Robert R. Anderson, Pamela C. Hamanaka, Kenneth C. Byrne, and Stephen A. McEwen, Office of the Attorney General of the State of California, Los Angeles, California, for the respondent-appellee.

Before: Sidney R. THOMAS, Richard A. PAEZ, Circuit Judges, and Edward C. REED, Jr., District Judge.

Submitted June 2, 2003* — Pasadena, California.

OPINION

THOMAS, Circuit Judge.

California prisoner Frederico Gonzalez appeals the dismissal of his petition for a writ of habeas corpus, arguing that forcing him to wear a stun belt during his trial violated his right of due process. We conclude that an evidentiary hearing is required to resolve this claim and remand the case to the district court.

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