TURNER v. BURGESS

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IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION
OLAN GIRARD TURNER, JR., 	:
:
Plaintiff, 	:
:
v. 	: 	CASE NO.: 7:25-CV-00118 (WLS-ALS)
:
JEROME BURGESS, et al., 	:
:
Defendants. 	:
:
ORDER
The Court previously accepted, adopted, and made the Order of this Court United
States Magistrate Judge Alfreda L. Sheppard’s Recommendation. (Docs. 33 & 34). In so doing,
the Court adopted Judge Sheppard’s Recommendation that Petitioner be denied a certificate
of appealability. (Doc. 33 at 4–5). However, in the Habeas Corpus and Section 2255 Docketing
Notice from the United States Court of Appeals for the Eleventh Circuit, the Eleventh Circuit
stated,
Pursuant to Rule 11(a) of the Rules Governing Section 2254 and 2255 Cases,
the district court must issue or deny a COA when it enters a final order adverse
to the applicant. The order on appeal did not contain such language. Upon
receipt of the district court's order issuing or denying a COA, the applicant will
be advised regarding additional requirements.
(Doc. 43 at 2). Accordingly, the Court will consider whether to grant Petitioner a COA.
When the district court denies a habeas petition on procedural grounds without
reaching the prisoner's underlying constitutional claim, a COA should issue . . .
if the prisoner shows, at least, that jurists of reason would find it debatable
whether the petition states a valid claim of the denial of a constitutional right,
and that jurists of reason would find it debatable whether the district court was
correct in its procedural ruling.
Slack v. McDaniel, 529 U.S. 473, 478 (2000). Here, the Court dismissed Petitioner’s Petition
because he failed to exhaust his state remedies. (Doc. 33 at 2–4; Doc. 34). The Court finds
that no reasonable jurist would find the Court’s procedural ruling debatable. The Court
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therefore DENIES Petitioner a certificate of appealability. The Clerk is directed to forward
this Order to update and complete the record on appeal.
SO ORDERED, this 13th day of July 2026.
/s/ W. Louis Sands
W. LOUIS SANDS, SR. JUDGE
UNITED STATESDISTRICT COURT
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