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RENDERED: August 6, 2004; 10:00 a.m.
NOT TO BE PUBLISHED

Commonwealth Of Kentucky
Court of Appeals

NO. 2003-CA-001583-MR

JEREMY BOYD APPELLANT

APPEAL FROM MUHLENBURG CIRCUIT COURT

v. HONORABLE DAVID H. JERNIGAN, JUDGE
ACTION NO. 03-CI-00216

PATTI WEBB, WARDEN APPELLEE

OPINION
AFFIRMING

** ** ** ** **
BEFORE: JOHNSON AND TAYLOR, JUDGES; AND EMBERTON, SENIOR JUDGE.1
JOHNSON, JUDGE: Jeremy Boyd has appealed from an order entered
by the Muhlenburg Circuit Court on July 10, 2003, dismissing his
petition for declaration of rights. The dismissal had the
effect of allowing the findings of the warden of the Green River
Correctional Complex in a disciplinary action to stand. Having

1 Senior Judge Thomas D. Emberton sitting as Special Judge by assignment of
the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution
and KRS 21.580.

was entitled, we affirm.

During an investigation of drug activity at the
Western Kentucky Correctional Complex, Jason Ortt, a maintenance
supervisor, admitted that he had brought marijuana into the
institution. Ortt claimed that on February 17, 2003, he brought
the marijuana into the correctional complex in two green
balloons and that Boyd was going to pay him approximately
$400.00 for it. On February 18, 2003, a green balloon
containing a green, leafy substance was found in the prison
yard. Subsequent testing revealed the substance to be
marijuana.

Based on Ortt

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Kentucky Law