Porter v. United States of America

Filing 11

ORDER denying 9 Motion for Certificate of Appealability. Signed by Judge B. Avant Edenfield on 9/25/2014. (loh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION
MARK DARNELL PORTER,
Movant,
I,,

6: 14-cv-79

UNITED STATES OF AMERICA,

Respondent.

1) 1 0
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.

The.- day of September 2014

BL&9 "

UNITED STATES DIST CT COURT
SOUTHERN DISTRICT OF GEORGIA