Aguilar v. Capra

Filing 57

MEMORANDUM & ORDER 38 Report and Recommendations, 54 Motion for Leave to File Document filed by Gonzalo Aguilar. For the foregoing reasons, this Court adopts the Report in full and overrules Aguilar's Objections. Accordingly, the petitio n is dismissed. This Court also denies Aguilar's application to amend his petition because such amendment would be futile. Because Aguilar has not made a substantial showing of a denial of a constitutional right, a certificate of appealabili ty will not be issued. See 28 U.S.C. § 2253(c). This Court further certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Memorandum & Order would not be taken in good faith. See Coppedge v. United States, 369 U.S. 438, 444 (1962). The Clerk of Court is directed to terminate all pending motions, mark this case as closed. A copy of this Memorandum & Order is being mailed by Chambers staff to Aguilar. SO ORDERED. (Signed by Judge William H. Pauley, III on 7/29/2020) (kv)