Light-Roth v. Sinclair

State: Washington

Court: Washington Eastern District Court

Docket No: 2:2011cv00313

Case Date: 01/12/2012

Plaintiff: Light-Roth

Defendant: Sinclair

Preview:1 2 3 4 5 6 7 8 9 10 Petitioner, 11 v. 12 STEPHEN SINCLAIR, 13 14 15 Respondent.

THE HONORABLE JOHN C. COUGHENOUR

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE KEVIN LIGHT-ROTH, CASE NO. C11-0313-JCC ORDER DENYING PETITION AND GRANTING CERTIFICATE OF APPEALABILITY

This matter comes before the Court on the Report and Recommendation of Magistrate

16 Judge Mary Alice Theiler (Dkt. No. 26), Petitioner's objections (Dkt. No. 27), and Respondent's 17 response (Dkt. No. 28). Having thoroughly considered the parties' briefing and the relevant 18 record, the Court rules as follows. 19 The facts and procedural history of this case are set out in detail in the R&R (Dkt. No.

20 26), so no repetition is required. Petitioner objects to three recommendations in the R&R, 21 discussed below. 22 23 24 A. Should State Appellate Court Factfinding Get the Same Deference as State Trial Court Factfinding? In her R&R, Judge Theiler noted that pursuant to

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