Aberdeen v. Emmons

Filing 14

ORDER ADOPTING the 13 REPORT AND RECOMMENDATIONS as the Court's opinion, dismissing Aberdeen's 12 Amended Petition as unexhausted, discerning no COA-worthy issues at this stage of the litigation, so no COA should issue, and denying in forma pauperis status on appeal. Signed by Chief District Judge R. Stan Baker on 03/07/2025. (jlh)

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 307872 at * 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 (5th 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 U.S.C. § 1915(a)(3). The Clerk is DIRECTED to CLOSE this case.
SO ORDERED, this 7th day of March, 2025.

R. STAN BAKER, CHIEF JUDGE
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA