Aguilar v. Capra

Aguilar v. Capra

Petitioner:	Gonzalo Aguilar
Respondent:	Michael Capra
Case Number:	1:2017cv07077
Filed:	September 15, 2017
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
Presiding Judge:	Gabriel W. Gorenstein
Presiding Judge:	William H. Pauley
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
July 29, 2020	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)

Date Filed

Document Text

July 29, 2020

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)

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Petitioner: Gonzalo Aguilar
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Respondent: Michael Capra
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