Varney v. West Virginia Family Court

Filing 7

ORDER accepting and incorporating the 6 Proposed Findings and Recommendation of the Magistrate Judge and directs judgment consistent with the findings and recommendations; dismissing the plaintiff's 1 complaint as frivolous; denying the 2 Motion for Appointment of Counsel and denying the Motion for Leave to Proceed in forma pauperis; directing this action be removed from the active docket. Signed by Judge Joseph R. Goodwin on 8/7/2013. (cc: plaintiff, pro se; attys; any unrepresented party) (taq)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION

LOWELL M. VARNEY,
Plaintiff,
v.

CIVIL ACTION NO. 2:13-cv-07177

WEST VIRGINIA FAMILY COURT, et al.,
Defendants.

ORDER
This action was referred to the Honorable Dwane L. Tinsley, United States Magistrate
Judge, for submission to this court of proposed findings of fact and recommendation for
disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge has submitted findings of
fact and has recommended that the court dismiss the plaintiff’s Letter-Form Complaint [Docket 1]
in its entirety, pursuant to 28 U.S.C. § 1915A and the holdings of Twombly and Iqbal. [Docket 6].
The Magistrate Judge has also recommended the plaintiff’s Motion for Appointment of Counsel
[Docket 2] be denied. Neither party has filed objections to the Magistrate Judge’s findings and
recommendations.
A district court “shall make a de novo determination of those portions of the report or
specified proposed findings or recommendations to which objection is made.” 28 U.S.C.
§ 636(b)(1)(C). This court is not, however, required to review, under a de novo or any other
standard, the factual or legal conclusions of the magistrate judge as to those portions of the findings
or recommendation to which no objections are addressed. Thomas v. Arn, 474 U.S. 140, 150

(1985). As the parties have not filed objections in this case, the court accepts and incorporates
herein the findings and recommendation of the Magistrate Judge and orders judgment consistent
with the findings and recommendations.
The court DISMISSES the plaintiff’s complaint [Docket 1] as frivolous. The court also
DENIES the plaintiff’s Motion for Appointment of Counsel [Docket 2-1] and DENIES Motion
for Leave to Proceed in forma pauperis [Docket 2-2]. The court DIRECTS this action to be
removed from the active docket.
The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any
unrepresented party.
ENTER:

August 7, 2013