MEMORANDUM OPINION AND ORDER
RUFE, District Judge.
Petitioner Richard Smith has filed a pro se Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. On May 29, 2002, the Honorable J. Curtis Joyner referred the instant petition to United States Magistrate Judge Diane M. Welsh ("Judge Welsh") for a Report and Recommendation,
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