FORTE v. U.S

R. EDGAR, Chief Judge

In accordance with the accompanying memorandum opinion and order, the motion by Charles Forte for post-conviction relief under 28 U.S.C. § 2255 is DENIED and DISMISSED WITH PREJUDICE.

Pursuant to 28 U.S.C. § 1915(a)(3) and Rule 24 of the Federal Rules of Appellate Procedure, this Court CERTIFIES that any appeal from this judgment would be entirely frivolous and not taken in good faith. Accordingly, any application by Charles Forte for leave to proceed on appeal in forma pauperis is DENIED. If Charles Forte should timely file a notice of appeal, the Court will treat such notice of appeal as an application for a certificate of appealability which is DENIED pursuant to 28 U.S.C. § 2253(c) and Rule 22(b) of the Federal Rules of Appellate Procedure. The Court finds that Charles Forte has not made a substantial showing of the denial of a right secured to him under the United States Constitution.

The Clerk of Court shall close the record in this case. This is FINAL JUDGMENT.

SO ORDERED.