Eason v. United States of America

Filing 10

ORDER denying the construed request for a COA and motion for IFP re 7 Notice of Appeal filed by Shakita Eason. Signed by Judge B. Avant Edenfield on 10/20/14. (bcw)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION SHAKITA EASON, Movant, V. 6: 14-cv-73 UNITED STATES OF AMERICA, Respondent. S) 1 0 Before the Court is Shakita Eason's Notice of Appeal. ECF No. 7. The Court construes a notice of appeal 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 Eason be denied a COA. ECF No. 2 at 10. The Court adopted the R&R as the opinion of the Court. ECF No. 5. Therefore, the COA is denied for the reasons set forth in the R&R. Eason has not explicitly requested the right to appeal in forma pauperis ("IFP"). See ECF No. 7. However, the Court notes that it already denied Eason IFP status on appeal when it adopted the R&R. ECF No. 2 at 10. Therefore, Eason should be assessed the full filing fee of $505. Eason's request for a COA, ECF No. 7, is DENIED. Th,76 day of October 2014 . AANTDENFIELIIUDGE / UNITED STATES DI1UCT COURT SOUTHERN DISTRICT OF GEORGIA

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