JUDGMENT
For the reasons expressed in the accompanying memorandum and order filed herewith, it is ORDERED and ADJUDGED that the motion [Doc. 973] by prisoner Gary S. Valentine. for post-conviction relief pursuant to 28 U.S.C. § 2255 is DENIED and DISMISSED WITH PREJUDICE.
If Petitioner files a notice of appeal from this judgment, such notice of appeal will be treated as an application for a certificate of appealability which is DENIED pursuant to 28 U.S.C. § 2253(c)(2) and Fed. R. App. P. 22(b) because he has failed to make a substantial showing of the denial of a federal constitutional right. The Court CERTIFIES pursuant to 28 U.S.C. § 1915(a)(3) and Fed. R. App. P. 24 that any appeal from this judgment by Petitioner would be frivolous and not taken in good faith.
IT IS SO ORDERED.
ENTER:
/s/_________
UNITED STATES DISTRICT JUDGE ENTERED AS A JUDGMENT
s/Debra C. Poplin
CLERK OF COURT