(1):In light of MENDEZ V.KNOWLES,535 F3.d 973(9th Cir.2008)1 day late tiling of habeas pitition.and ditterentcoUrts:t may be more or less open to granting extentions under 28U.S.C. Section 2107;F ed R.App.P.4(a)(5)(A).to deny Aguilar!s certificate of appealabil ity.under 28 U.S.0 Section Section 2107,2253(c)(2)was it right of the 9TH Cir,Counsel never notified petitioner of denial in U.S. d istrict court and he still has not received a copy of said:;deñiàl of his petition on July 10TH,2018,its now febuary 2019." the cont ent of an appeal is heavily controlled by counsel"as in Alston V. Garrison,720 F.2d 812,816(4TH Cir.1983),MARY LOU WILSON FAILED TO FILE TIMELY NOTICE OF APPEAL as in RESTREPO V.KELLY,178 F3d 634,6 40-41(2d Cir.1999);WILSON WHO WAS APPOINTED UNDER STATUTE DID NOT PURSUE MY APPEAL TO SUPREME COURT as in Nnebe V United States,534 F.3d 87(2d)Ciriji20063 GEWE TO DO MY OWN APPEAL AND I AM NO LAWYER.

(2) EQUITABLE TOLLING SHOULD HAVE BEEN APPLIED IN MY CASE,COUNSEL KEPT telling me not to file a NOTICE OF APPEAL BECAUSE IT WAS NOT -PROPER PROCEEDUEThiKing me doubt iuyselfmnttcwhatwareven iea 1! I DID NOT KNOW WHO TO TRUST,I THOUGHT FOR SURE COUNSEL WAS RIG _IIT,IT WAS INMATES WHO KEPT TELLING ME FILE THE NOTICE OF APPEAL I HAVE SHOWN NOTHING BUT DUE DILIGENCE THROUGH OUT THIS WHOLE CASE I FOUND OUT MY PETITION WAS DENIED BY MISTAKENLY FILING A SECOND OR SUUCCESSIVE PETITION IN U.S.DLISTIUCT COURT,PACE_V.DiGu9lielmg, 544 U.S.408,418,125 S.Ct.1807,1814, 161 L.Ed.2d 669,679(2005)"Due Diligence 28 U.S.C. Section have b een applied to my case in the ninth circuit Mackey V.Hoffman,682 F.3d 1247,at F.3d 1087,10 91(9th);!fooks_V.Yates, 818 F.3d 532 (9th) UnderF. R. C. P. Rule 60(b)(6). I JUST RECEIVED THE denial the last week of Feb.2019 from U.S. Dis.

Whether the 9th Circuit Court of Appeals erred in denying Aguilar's certificate of appealability under 28 U.S.C. Sections 2107, 2253(c)(2) despite counsel's failure to notify him of the denial in the U.S. District Court and his lack of receipt of the denial