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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
CENTRAL DIVISION at LEXINGTON

OREECE CHESTNUT, ))Petitioner, )) Civil Case No.
v. ) 12-cv-267-JMH
)COMMONWEALTH OF KENTUCKY )DEPARTMENT OF CORRECTIONS and )WARDEN STEVE HANEY, ) MEMORANDUM OPINION & ORDER
)Respondents. ) *** This matter is before the Court on the Report and Recommendation of Magistrate Judge Robert E. Wier [Record No. 6]. Said action was referred to the magistrate for the purpose of reviewing the merit of Petitioner Chestnut=s Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. ' 2254 [Record No. 1], in which he challenges his incarceration for a conviction in a Kentucky state court. The Magistrate Judge, who perceived that the petition was

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