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Porter v. United States

United States District Court, S.D. Georgia, Statesboro Division

September 25, 2014

MARK DARNELL PORTER, Movant,
v.
UNITED STATES OF AMERICA, Respondent.

ORDER

B. AVANT EDENFIELD, District Judge.

Before the Court is Mark Darnell Porter's Notice of Appeal. ECF No. 9. The Court construes Porter's notice as a request for a Certificate of Appealability ("COA"). See Edwards v. United States, 114 F.3d 1083, 1084 (11th Cir. 1997). The Magistrate Judge issued a Report and Recommendation ("R&R"), in which the Judge recommended that Porter be denied a COA. ECF No. 4 at 6. The Court adopted the R&R as the opinion of the Court. ECF No. 7. Therefore, the COA is denied for the reasons set forth in the R&R.

Porter has not explicitly requested the right to appeal informa pauperis ("IFP"). See ECF No. 9. However, the Court notes that it already denied Porter IFP status on appeal when it adopted the R&R. ECF No. 4 at 7. Therefore, Porter should be assessed the full filing fee of $505.

Porter's request for a COA, ECF No. 9, is DENIED.


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