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 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/
Kleeh, Thomas Shawn (West Virginia)
Buchser, Susan Maude (West Virginia)
Capehart, Curtis R.A. (West Virginia)
Documents in the Clearinghouse
Docket
See docket on RECAP: https://www.courtlistener.com/docket/65643185/buchser-v-warner/
Last updated June 28, 2026, 5:15 a.m.
Docket for: Buchser v. Warner
Case Details
State / Territory:
Case Type(s):
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):
Public Interest Lawyer: No
Filed Pro Se: Yes
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
State
West Virginia Secretary of State Mac Warner
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):
Other Dockets:
Northern District of West Virginia 1:22-cv-00110
Available Documents:
Outcome
Prevailing Party: Defendant
Relief Granted:
Source of Relief:
Issues
Voting:
Case Summary of Buchser v. Warner, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/45506/ (last updated 1/22/2025).