Varney v. United States et al

Filing 7

MEMORANDUM OPINION AND ORDER adopting the 6 Proposed Findings and Recommendation; denying plaintiff's 2 Application to Proceed without Prepayment of Fees and Costs; and dismissing this action with prejudice. Signed by Judge John T. Copenhaver, Jr. on 1/3/2013. (cc: pro se plaintiff; attys; United States Magistrate Judge) (taq)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON

LOWELL M. VARNEY,
Plaintiff,
v.

Civil Action No. 2:12-07171

UNITED STATES and
JASON D. HARWOOD,
Ninth Circuit Family Court Judge;
in both capacities,
individually and officially,
Defendants.
MEMORANDUM OPINION AND ORDER
This action was previously referred to Mary E.
Stanley, United States Magistrate Judge, who has submitted her
Proposed Findings and Recommendation pursuant to the provisions
of 28 U.S.C. § 636(b)(1)(B).
The court has reviewed the Proposed Findings and
Recommendation entered by the magistrate judge on November 19,
2012.

The magistrate judge recommends dismissing the

plaintiff’s complaint, having determined, inter alia, as
follows, namely, that the court lacks subject-matter
jurisdiction, principles of comity and federalism require the
court abstain from exercising jurisdiction, the defendants are
protected by various immunities, and the plaintiff fails to

state a claim upon which relief can be granted.

Consequently,

the magistrate judge also recommends that the plaintiff’s
Application to Proceed Without Prepayment of Fees be denied.
The plaintiff has not objected to the Proposed
Findings and Recommendation.

The court concludes the

recommended disposition is correct.
Accordingly, it is ORDERED that:
1.

The Proposed Findings and Recommendation are

adopted by the court;
2.

Plaintiff’s Application to Proceed Without

Prepayment of Fees is denied; and
3.

This action be, and it hereby is, dismissed with

prejudice.
The Clerk is directed to forward copies of this
written opinion and order to the pro se plaintiff, all counsel
of record, and the United States Magistrate Judge.
DATED: January 3, 2013
John T. Copenhaver, Jr.
United States District Judge