MEMORANDUM AND ORDER
HATFIELD, District Judge.
Petitioner, Kevin T. Murphy, instituted the above-entitled action for habeas corpus relief pursuant to 28 U.S.C. § 2254. The matter was referred to the United States Magistrate for the United States District Court for the District of Montana under authority of 28 U.S.C. § 636(b). In accordance with 28 U.S.C. § 636(b)(1)(B), the Magistrate filed his report with the court on November 25, 1988, recommending...
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