United States of America Ex Rel. Francis Seible v. J. Edwin Lavallee, Warden, Clinton State Prison, Dannemora, New York

TIMBERS, Circuit Judge:

We are called upon to determine the propriety of the denial without a hearing of a state prisoner’s petition for a writ of habeas corpus by the United States District Court for the Southern District of New York, Irving Ben Cooper, District Judge. Petitioner claims that his guilty plea entered more than six years ago was coerced because his retained counsel misinformed him about the status of a motion to suppress. For the reasons stated below, we affirm the denial of the petition, but on the ground that it failed adequately to allege facts sufficient to enable the…