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No. 11-7366
JAMES P. SMITH,
Petitioner - Appellant,
v.
UNITED STATES OF AMERICA; THE BATF,
Respondents - Appellees.
Appeal from the United States District Court for the Southern
District of West Virginia, at Beckley.
Irene C. Berger,
District Judge. (5:08-cv-00919)
Submitted:
Decided:
February 3, 2012
PER CURIAM:
James P. Smith seeks to appeal the district courts
order
accepting
the
recommendation
of
the
magistrate
judge,
U.S.C.
2253(c)(1)(B)
(2006).
certificate
of
28 U.S.C. 2253(c)(2)
prisoner
satisfies
this
jurists
would
reasonable
standard
find
by
that
demonstrating
the
district
that
courts
relief
demonstrate
on
both
procedural
that
the
grounds,
dispositive
the
prisoner
procedural
must
ruling
is
have
independently
reviewed
the
certificate
dispense
with
of
appealability
oral
argument
and
conclude
that
Accordingly, we deny
dismiss
because
and
the
the
appeal.
facts
and
We
legal
DISMISSED