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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-6418
Director,
Virginia
Department
of
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk.
Mark S. Davis, District
Judge. (2:10-cv-00271-MSD-DEM)
Submitted:
Decided:
PER CURIAM:
Timothy
courts
judge
order
and
Lamont
accepting
denying
petition.
In
considered
an
the
rehearing,
asserting
appeal
the
of
seeks
to
appeal
recommendation
on
opinion
Bookers
dismissed
the
relief
entitled to relief.
and
Booker
his
28
issued
claims,
but
of
the
U.S.C.
on
December
concluded
the
district
magistrate
2254
19,
that
(2006)
2011,
he
was
we
not
district
Booker
our
petitioned
opinion
failed
order
denying
courts
to
for
panel
address
his
his
motions
to
Upon
consideration
of
his
petition,
we
grant
panel
rehearing.
The
denying
his
orders
Rule
denying
59(e)
Bookers
motions
are
2254
not
petition
appealable
and
unless
U.S.C.
2253(c)(1)(A)
(2006).
certificate
of
28 U.S.C. 2253(c)(2)
prisoner
reasonable
satisfies
this
jurists
would
standard
find
that
by
the
demonstrating
district
that
courts
relief
demonstrate
on
both
procedural
that
the
grounds,
dispositive
the
prisoner
procedural
ruling
must
is
2010).
have
independently
reviewed
the
record
and
the
court
and
argument
would
not
aid
the
decisional
process.
REHEARING GRANTED;
APPEAL DISMISSED