United States District Court, W.D. Washington, Seattle
C. COUGHENOUR, UNITED STATES DISTRICT JUDGE
matter comes before the Court on Petitioner's objections
(Dkt. No. 28) to United States Magistrate Judge Brian A.
Tsuchida's Report and Recommendation (Dkt. No. 27).
Having thoroughly considered the briefing and the relevant
record, the Court finds oral argument unnecessary and hereby
OVERRULES Petitioner's objections (Dkt. No. 28) and
ADOPTS Judge Tsuchida's Report and Recommendation (Dkt.
Jeffrey McKee is currently incarcerated at the Airway Heights
Corrections Center, in Airway Heights Washington. (Dkt. No.
21 at 1.) On January 8, 2018, McKee filed an amended petition
for writ of habeas corpus under 28 U.S.C. § 2254
challenging his 2005 conviction for two counts of first
degree rape while armed with a firearm. (Id. at 6.)
McKee's amended petition raises two grounds for relief:
1. Denial of his right to a public trial when the trial judge
closed the courtroom during voir dire.
2. Ineffective assistance of counsel when McKee's
appellate attorney failed to raise the public-trial claim on
(Dkt. No. 21 at 16, 19.) Judge Tsuchida issued a report and
recommendation concluding that the Court should deny both of
McKee's claims for relief, deny his request for an
evidentiary hearing, and deny a certificate of appealability.
(Dkt. No. 27 at 20.) McKee filed objections to Judge
Tsuchida's report and recommendation (Dkt. No. 28).
Standard of Review
to a magistrate judge's report and recommendations are
reviewed de novo. 28 U.S.C. § 636(b)(1);
accord, Rule 8(b), Rules Governing Section 2254
Cases. A federal habeas court will defer to a state
court's decision with respect to any claim that was
adjudicated on the merits unless the state court's
(1) resulted in a decision that was contrary to, or involved
an unreasonable application of, clearly established Federal
law, as determined by the Supreme Court of the United States;
(2) resulted in a decision that was based on an unreasonable
determination of the facts in light of the evidence presented
in the State court proceeding.
28 U.S.C. § 2254(d)(1), (2).