Aberdeen v. Emmons
Aberdeen v. Emmons
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION ANGUS ABERDEEN, JR., Petitioner, CIVIL ACTION NO.: 4:24-cv-232 v. SHAWN EMMONS, Respondent. ORDER Before the Court is the Magistrate Judge’s January 21, 2025 Report and Recommendation, (doc. 13), to which no objections have been filed. After a careful de novo review, the Court agrees with the Magistrate Judge’s recommendations. The Report and Recommendation is, therefore, ADOPTED. (Doc. 13.) Aberdeen’s Petition is DISMISSED as unexhausted. (Doc. 12.) Applying the Certificate of Appealability (COA) standards, which are set forth in Brown v. United States,
2009 WL 307872at * 1-2 (S.D. Ga. Feb. 9, 2009), the Court discerns no COA-worthy issues at this stage of the litigation, so no COA should issue.
28 U.S.C. § 2253(c)(1); see Alexander v. Johnson,
211 F.3d 895, 898(Sth Cir. 2000) (approving sua sponte denial of COA before movant filed a notice of appeal). And, as there are no non-frivolous issues to raise on appeal, an appeal would not be taken in good faith. Thus, in forma pauperis status on appeal is likewise DENIED. 28 US.C. § 1915(a)(3). The Clerk is DIRECTED to CLOSE this case. SO ORDERED, this 7th day of March, 2025.
R.STAN BAKER, CHIEFJUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA
Reference
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