Case: Buchser v. Warner

1:22-cv-00110 | U.S. District Court for the Northern District of West Virginia

Filed Date: Oct. 28, 2022

Closed Date: June 1, 2023

Clearinghouse coding complete

Case Summary

This case is about allegations that the voting system in West Virginia broken and alleging voter fraud and illegal procedures that occurred caused the voting system to be unconstitutional. On October 28, 2022, the pro se plaintiff, a West Virginia citizen and candidate running for the U.S. House of Representatives, commenced this action in the District Court for the Northern District of West Virginia. Plaintiff filed suit against the West Virginia Secretary of State. The plaintiff alleged that …

This case is about allegations that the voting system in West Virginia broken and alleging voter fraud and illegal procedures that occurred caused the voting system to be unconstitutional.

On October 28, 2022, the pro se plaintiff, a West Virginia citizen and candidate running for the U.S. House of Representatives, commenced this action in the District Court for the Northern District of West Virginia. Plaintiff filed suit against the West Virginia Secretary of State. The plaintiff alleged that West Virginia's use of voting machines produced unreliable results, voting in person put pressure on voters, and it was unreasonably difficult for voters to know what they were voting for in elections. The plaintiff sued under "federal question" and "fraud." The plaintiff requested an injunction ordering that the voting process and system be reorganized not only in West Virginia, but throughout the United States, to make it constitutional. On October 28, 2022, the Court referred this matter to United States Magistrate Judge Michael J. Aloi.

On November 16, 2022, the defendant filed a motion to dismiss for plaintiff’s failure to state a claim upon which relief may be granted. 

On December 19, 2022, Judge Aloi issued a report and recommendation that recommended that the defendant’s motion to dismiss be granted and the case be dismissed without prejudice. Judge Aloi outlined that the plaintiff appeared to have brought one or more causes of action to reform how elections are conducted in West Virginia, but failed to identify any specific law by which defendant operates which is unconstitutional or which defendant did not follow. Additionally, plaintiff failed to state how defendant engaged in specific unconstitutional acts. 

On January 12, 2023, the plaintiff filed an amended complaint that stated that the jurisdiction in the case is based not only on federal question, but also a deprivation of rights, specifically her right to vote. The plaintiff added a specific cause of action:  42 U.S.C. § 1983. The facts remained the same as the facts in the original complaint. 

On January 20, 2023, the plaintiff filed a motion for summary judgment and stated that “the EVIDENCE IS CLEAR there is only one choice.”

On January 23, 2023, counsel for the defendant filed a memorandum of law in support of its motion to dismiss amended complaint that outlined that the plaintiff failed to identify any fact or legal theory that could support her claim that West Virginia’s and the nation’s election laws are unconstitutional or fraudulent. Additionally, West Virginia’s elections had passed so plaintiff’s complaint was moot. Counsel for defendant requested that the Court grant its motion and dismiss plaintiff’s claims with prejudice. On January 23, 2023, counsel for defendant filed a motion to dismiss plaintiff’s amended complaint. 

On February 1, 2023, plaintiff filed a motion to amend the relief part of plaintiff’s motion to amend filed on January 12, 2023. 

On March 8, 2023, the Court issued an omnibus report and recommendation that (i) denied the plaintiff’s motion to amend and dismissed it without prejudice, (ii) denied defendant’s motion to dismiss as unripe for disposition, (iii) denied plaintiff’s motion for summary judgment, and (iv) denied plaintiff’s motion to amend the motion to file amended complaint. 

On June 1, 2023, the Court issued an order that stated that no objections to the March 8, 2023 omnibus report and recommendation had been filed and, as such, the Court was not obligated to conduct a de novo review. The Court also stated that it reviewed the report for clear error and none was found and the Court adopted the omnibus report and recommendation and dismissed the matter without prejudice.

This case is now closed.

Summary Authors

Leilani Argersinger (1/22/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/65643185/parties/buchser-v-warner/


Attorney for Plaintiff

Buchser, Susan Maude (West Virginia)

Attorney for Defendant

Capehart, Curtis R.A. (West Virginia)

show all people

Documents in the Clearinghouse

Document
1

1:22-cv-00110

Complaint

Oct. 28, 2022

Oct. 28, 2022

Complaint
4

1:22-cv-00110

Order of Referral

Oct. 28, 2022

Oct. 28, 2022

Order/Opinion
11

1:22-cv-00110

Motion to Dismiss

Nov. 16, 2022

Nov. 16, 2022

Pleading / Motion / Brief
13

1:22-cv-00110

First Order and Notice Regarding Discovery and Scheduling

Nov. 17, 2022

Nov. 17, 2022

Order/Opinion
15

1:22-cv-00110

Report and Recommendation, Recommending that Defendant Mac Werner's Motion to Dismiss be Granted

Dec. 19, 2022

Dec. 19, 2022

Magistrate Report/Recommendation
20

1:22-cv-00110

Complaint

Jan. 12, 2023

Jan. 12, 2023

Complaint
22

1:22-cv-00110

Opposition to Motion to Dismiss

Jan. 17, 2023

Jan. 17, 2023

Pleading / Motion / Brief
24

1:22-cv-00110

Opposition to Report and Recommendation, Recommending that: Motion to Dismiss be Granted

Jan. 18, 2023

Jan. 18, 2023

Pleading / Motion / Brief
23

1:22-cv-00110

Memorandum of Post Office Error and/or Illegal Activities

Jan. 18, 2023

Jan. 18, 2023

Pleading / Motion / Brief
27

1:22-cv-00110

Motion for Summary Judgment

Jan. 20, 2023

Jan. 20, 2023

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/65643185/buchser-v-warner/

Last updated Jan. 30, 2025, 5:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Election Division and Mac Warner filed by Susan Maude Buchser. (Attachments: # 1 Civil Cover Sheet)(jss) (Entered: 10/28/2022)

1 Civil Cover Sheet

View on PACER

Oct. 28, 2022

Oct. 28, 2022

Clearinghouse
3

NOTICE of General Guidelines for Appearing Pro Se in Federal Court. (Attachments: # 1 Certified Mail Return Receipt)(jss) (Entered: 10/28/2022)

Oct. 28, 2022

Oct. 28, 2022

PACER
4

ORDER OF REFERRAL: The Court REFERS this matter to the Honorable Michael J. Aloi, United States Magistrate Judge, to conduct a scheduling conference and issue a scheduling order, for written orders or reports and recommendations, as the case may be, regarding any motions filed, and to dispose of any other matters that may arise. Signed by Chief District Judge Thomas S Kleeh on 10/28/22. (Attachments: # 1 Certified Mail Return Receipt)(jss) (Entered: 10/28/2022)

1 Certified Mail Return Receipt

View on PACER

Oct. 28, 2022

Oct. 28, 2022

Clearinghouse
5

Filing fee: $ 402.00, receipt number WVNC003526 (jss) (Entered: 10/28/2022)

Oct. 28, 2022

Oct. 28, 2022

PACER
6

SUMMONS Returned Executed as to Mac Warner served on 10/28/2022. (jss) (Entered: 10/28/2022)

Oct. 28, 2022

Oct. 28, 2022

PACER
7

NOTICE of Temporary Change of Address from 11/20/22 - 12/28/22 to Schwaerzen 11, Zh8185, Wonkel Switzerland by Susan Maude Buchser. (did not update in system as form requested to be provided at her permenant address) (jss) (Entered: 11/01/2022)

Nov. 1, 2022

Nov. 1, 2022

PACER
8

RETURN RECEIPT as to 3 Notice (Other). SERVICE ACCEPTED on 10/31/22. (jss) (Entered: 11/02/2022)

Nov. 2, 2022

Nov. 2, 2022

PACER
9

RETURN RECEIPT as to 4 Order. SERVICE ACCEPTED on 10/31/22. (jss) (Entered: 11/02/2022)

Nov. 2, 2022

Nov. 2, 2022

PACER
10

NOTICE of Change of Address by Susan Maude Buchser. (Plaintiff's address updated) (cnd) (Entered: 11/10/2022)

Nov. 10, 2022

Nov. 10, 2022

PACER
11

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Mac Warner. (Capehart, Curtis) (Entered: 11/16/2022)

Nov. 16, 2022

Nov. 16, 2022

Clearinghouse
12

Memorandum in Support re 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Mac Warner. (Capehart, Curtis) (Entered: 11/16/2022)

Nov. 16, 2022

Nov. 16, 2022

PACER
13

ORDER -- FIRST ORDER AND NOTICE REGARDING DISCOVERY AND SCHEDULING: ***NOTICE TO ATTORNEYS*** : Pursuant to Rule 7.1 of the Federal Rules of Civil Procedure, ALL Non-governmental CORPORATE parties must file a DISCLOSURE STATEMENT with the Court. Forms are available on the Court's Web Site at http://www.wvnd.uscourts.gov/forms.htm Rule 26 Meeting to be held by 12/14/2022. Rule 26 Meeting Report due by 12/28/2022. Scheduling Conference set for 1/11/2023 at 03:30 PM in Clarksburg Magistrate Judge Courtroom, 3rd Floor before Magistrate Judge Michael John Aloi. Discovery due by 1/18/2023. Signed by Magistrate Judge Michael John Aloi on 11/17/22. (Attachments: # 1 Certified Mail Return Receipt)(jss) (Entered: 11/17/2022)

1 Certified Mail Return Receipt

View on PACER

Nov. 17, 2022

Nov. 17, 2022

Clearinghouse
14

ROSEBORO NOTICE: re 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Mac Warner. Within 21 days from the date of this Order, the pro se party shall file any opposition to the motion. Signed by Magistrate Judge Michael John Aloi on 11/17/22. (Attachments: # 1 Certified Mail Return Receipt)(jss) (Main Document 14 replaced on 11/17/2022) (jss). (Entered: 11/17/2022)

Nov. 17, 2022

Nov. 17, 2022

PACER
15

REPORT AND RECOMMENDATION, RECOMMENDING THAT DEFENDANT MAC WARNER'S MOTION TO DISMISS BE GRANTED: Any party shall have 14 days and then 3 days from the date of filing of this Report and Recommendation to file with the Clerk specific written objections. Signed by Magistrate Judge Michael John Aloi on 12/19/2022. (copy Plaintiff)(cnd) (Additional attachment(s) added on 12/19/2022: # 1 Certified Mail Return Receipt) (cnd). (Entered: 12/19/2022)

Dec. 19, 2022

Dec. 19, 2022

Clearinghouse
16

ORDER SUSPENDING DEADLINES AND CANCELLING SCHEDULING CONFERENCE ON JANUARY 11, 2023, PENDING DISPOSITION OF PENDING REPORT AND RECOMMENDATION. Signed by Magistrate Judge Michael John Aloi on 1/5/23. (Attachments: # 1 Certified Mail Return Receipt)(jss) (Entered: 01/05/2023)

Jan. 5, 2023

Jan. 5, 2023

PACER
17

RETURN RECEIPT as to 13 FirstOrder and 14 Roseboro Notice. SERVICE ACCEPTED on 12/30/22. (jss) (Entered: 01/09/2023)

Jan. 9, 2023

Jan. 9, 2023

PACER
18

MEMORANDUM of Clerical Error: Missing Documents by Susan Maude Buchser. (jss) (Entered: 01/09/2023)

Jan. 9, 2023

Jan. 9, 2023

PACER
19

RETURN RECEIPT as to 15 REPORT AND RECOMMENDATIONS. SERVICE ACCEPTED on 1/5/23. (jss) (Entered: 01/09/2023)

Jan. 9, 2023

Jan. 9, 2023

PACER
20

PRO SE MOTION to Amend 1 Complaint by Susan Maude Buchser. (Attachments: # 1 Amended Civil Cover Sheet)(cnd) (Entered: 01/12/2023)

1 Amended Civil Cover Sheet

View on PACER

Jan. 12, 2023

Jan. 12, 2023

Clearinghouse
21

RETURN RECEIPT as to 16 Order. SERVICE ACCEPTED on 1/10/23. (jss) (Entered: 01/17/2023)

Jan. 13, 2023

Jan. 13, 2023

PACER
22

Opposition to 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Susan Maude Buchser. (jss) (Entered: 01/17/2023)

Jan. 17, 2023

Jan. 17, 2023

Clearinghouse
23

MEMORANDUM of Post Office Error and/or Illegal Activities by Susan Maude Buchser. (jss) (Entered: 01/18/2023)

Jan. 18, 2023

Jan. 18, 2023

Clearinghouse
24

OBJECTION to 15 Report and Recommendations, Recommending that; Motion to Dismissed 11 be Granted. (jss) (Entered: 01/18/2023)

Jan. 18, 2023

Jan. 18, 2023

Clearinghouse
25

MEMORANDUM of Points by Susan Maude Buchser re 24 Objection to Report and Recommendations. (jss) (Entered: 01/18/2023)

Jan. 18, 2023

Jan. 18, 2023

PACER
26

SUMMONS Returned Executed as to Election Division and Mac Warner served on 1/18/2023. (jss) (Entered: 01/18/2023)

Jan. 18, 2023

Jan. 18, 2023

PACER
27

PRO SE MOTION for Summary Judgment by Susan Maude Buchser. (Attachments: # 1 Memorandum in Support, # 2 Proof of Service)(cnd) (Entered: 01/20/2023)

1 Memorandum in Support

View on PACER

2 Proof of Service

View on PACER

Jan. 20, 2023

Jan. 20, 2023

Clearinghouse
28

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Amended Complaint by Mac Warner. (Capehart, Curtis) (Entered: 01/23/2023)

Jan. 23, 2023

Jan. 23, 2023

Clearinghouse
29

MEMORANDUM of Law in Support by Mac Warner re 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Amended Complaint . (Capehart, Curtis) (Entered: 01/23/2023)

Jan. 23, 2023

Jan. 23, 2023

Clearinghouse
30

ORDER ROSEBORO NOTICE: re 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Amended Complaint filed by Mac Warner. Within 21 days from the date of this Order, the pro se party shall file any opposition to the motion. Signed by Magistrate Judge Michael John Aloi on 1/24/23. (Attachments: # 1 Certified Mail Return Receipt)(jss) (Entered: 01/24/2023)

Jan. 24, 2023

Jan. 24, 2023

PACER
31

RETURN RECEIPT as to 30 Roseboro Notice. SERVICE ACCEPTED on 1/28/23. (jss) (Entered: 01/30/2023)

Jan. 30, 2023

Jan. 30, 2023

PACER
32

OPPOSITION TO 28 MOTION TO DISMISS AMENDED COMPLAINT. (Attachments: # 1 Memo of Points) (hrc). (Entered: 02/01/2023)

Feb. 1, 2023

Feb. 1, 2023

PACER
33

MOTION TO AMEND THE "RELIEF" PART OF THE MOTION TO AMEND FROM JANUARY 12, 2023. 20 MOTION to Amend/Correct 1 Complaint by Susan Maude Buchser. (hrc) Modified on 2/23/2023 (hrc). (Entered: 02/01/2023)

Feb. 1, 2023

Feb. 1, 2023

Clearinghouse
34

OMNIBUS REPORT AND RECOMMENDATION, RECOMMENDING THAT PRO SE PLAINTIFF'S MOTION (ECF NO. 20 ) TO FILE AMENDED COMPLAINT BE DENIED, PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (ECF NO. 27 ) BE DENIED, DEFENDANT'S MOTION TO DISMISS (ECF NO. 28 ) BE DENIED AS UNRIPE, PLAINTIFF'S MOTION (ECF NO. 33 ) TO AMEND HER MOTION TO AMEND BE DENIED, AND THAT THE MATTER BE DISMISSED WITHOUT PREJUDICE. Signed by Magistrate Judge Michael John Aloi on 3/8/2023. Copy of order mailed to pro se plaintiff by cm,rrr. (snc) (Additional attachment(s) added on 3/8/2023: # 1 Certified Mail Return Receipt) (snc). (Entered: 03/08/2023)

March 8, 2023

March 8, 2023

Clearinghouse
35

RETURN RECEIPT as to 34 REPORT AND RECOMMENDATIONS. SERVICE ACCEPTED on 3/13/2023. (snc) (Entered: 03/15/2023)

March 15, 2023

March 15, 2023

PACER
36

NOTICE of Temporary Change of Address from March 24, 2023 to June 5, 2023 by Susan Maude Buchser. (snc) (Entered: 03/24/2023)

March 24, 2023

March 24, 2023

PACER
37

ORDER ADOPTING OMNIBUS AND ORIGINAL REPORT AND RECOMMENDATION ECF NOS. 34 15 AND DISMISSING ACTION. The 34 Omnibus R&R is ADOPTED; 33 Motion to Amend the Relief Part of the Motion to Amend is DENIED; 28 Motion to Dismiss the Amended Complaint is DENIED as unripe; 27 Plaintiff's Motion for Summary Judgment is DENIED; 20 Plaintiff's Motion to Amend the Complaint is DENIED; 15 Original R&R is ADOPTED; 11 Motion to Dismiss the Complaint is GRANTED; and this matter is DISMISSED WITHOUT PREJUDICE and STRICKEN from the Court's active docket. Signed by Chief District Judge Thomas S Kleeh on 06/01/2023. (Copy to pro se plaintiff by cm,rrr) (snc) (Additional attachment(s) added on 6/1/2023: # 1 Certified Mail Return Receipt) (snc). (Entered: 06/01/2023)

June 1, 2023

June 1, 2023

Clearinghouse
38

RETURN RECEIPT for Susan Maude Buchser as to 37 Order. SERVICE ACCEPTED on 6/5/2023. (snc) (Entered: 06/09/2023)

June 9, 2023

June 9, 2023

PACER

Case Details

State / Territory: West Virginia

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Oct. 28, 2022

Closing Date: June 1, 2023

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff is a private plaintiff resident and voter of West Virginia.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

West Virginia Secretary of State Mac Warner, State

Case Details

Causes of Action:

Voting Rights Act, unspecified, 52 U.S.C. § 10301 et seq (previously 42 U.S.C § 1973 et seq.)

Constitutional Clause(s):

Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Findings Letter/Report

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Voting:

Election administration

Voting: General & Misc.