Key v. United States of America

Filing 13

MEMORANDUM OPINION AND ORDER adopting the magistrate judge's 11 Proposed Findings and Recommendation; denying movant Jerry Lee Key's 1 Motion for Certificate of Innocence Pursuant to 28 U.S.C. § 2513. Signed by Judge John T. Copenhaver, Jr. on 9/29/2017. (cc: movant; all counsel of record; United States Magistrate Judge) (mks)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON

JERRY LEE KEY,
Movant,
v.

Case No. 2:17-cv-00556

UNITED STATES OF AMERICA,
Respondent.
MEORANDUM OPINION AND ORDER
The movant, Jerry Lee Key, proceeding pro se, has
filed his “Motion for Certificate of Innocence Pursuant to 28
U.S.C. § 2513,” on January 12, 2017.

This matter was referred

to United States Magistrate Judge Dwane L. Tinsley, who has
since filed the Proposed Findings and Recommendation on August
15, 2017.
After a thorough consideration of movant’s claims, and
as the magistrate judge has aptly found, movant is not entitled
to a certificate of innocence because his federal conviction for
being a felon in possession of a firearm has not been reversed
or set aside on the grounds that he is not guilty of the
offense, and he has not been pardoned.

In reaching that

conclusion, the magistrate judge appropriately found that
movant’s constitutional challenges to § 2513 are without merit.
The magistrate judge accordingly recommends that the motion for
certificate of innocence be denied.
The movant has filed on August 30, 2017, objections to
the Proposed Findings and Recommendation.

The objections are

simply a restatement of that which formed the basis for movant’s
motion for certificate of innocence, all of which has been fully
and correctly dealt with in the Proposed Findings and
Recommendation.
It is accordingly ORDERED that the magistrate judge’s
Proposed Findings and Recommendation be, and hereby is, adopted
by the court.
It is further ORDERED that the Motion for Certificate
of Innocence Pursuant to 28 U.S.C. § 2513, be, and it hereby is,
denied.
The Clerk is directed to forward copies of this written
opinion and order to the movant, all counsel of record and the
United States Magistrate Judge.

DATED:

2

September 29, 2017

John T. Copenhaver, Jr.
United States District Judge