Torres

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA EDUARDO TORRES, Case No.: 19cv1964 LAB (JLB)

Petitioner, ORDER DENYING MOTION FOR v. CERTIFICATE OF APPEALABILITY [Dkt. 82] RALPH DIAZ, Secretary, et al., Respondents. 14 Petitioner Eduardo Torres has moved for a certificate of appealability with respect to Magistrate Judge Burkhardt’s Report and Recommendation (“R&R”) which, in relevant part, denied Torres’s motion for leave to amend, and the Court’s March 23, 2021 Order adopting that portion of the R&R. (Dkt. 82). Rule 11, 28 U.S.C.A. foll. § 2254, governs certificates of appealability for habeas corpus petitions brought, as this one was, under 28 U.S.C. § 2254.1 Rule 11 requires the Court to “issue or deny a certificate of appealability when it enters a final order adverse to the applicant.” But the Court’s order wasn’t a “final order” susceptible to appeal. An order is “final” if it “ends the litigation on the merits

25 1 Torres’…