Prisoner wants apology from U.S. Magistrate

BECKLEY – Prisoner Chris Umberger expects an apology or something stronger from U. S. Magistrate Judge Clarke VanDervort of Bluefield, for an order Umberger received about his suit against physician Dominick McLain of the federal prison in Beaver.

"Comes now the plaintiff in the above entitled suit and objects to being threatened by the court," Umberger wrote in a document filed July 8 at federal court in Beckley.

VanDervort's order advised that "a knowing assertion of a falsehood in order to avoid dismissal could, if proven, constitute perjury punishable by law."

Elsewhere it referred to penalties for perjury.

"Based upon these threats, plaintiff seeks an apology or that Judge VanDervort step down," Umberger wrote. "The plaintiff requests that the US Attorney be likewise threatened."

Umberger sued McLain in Raleigh Circuit Court in June, claiming malpractice. Umberger separately sued a group of employees, claiming they stole his property.

Assistant U. S. attorney Stephen Horn removed the suits to federal court and filed motions to substitute the U. S. as defendants and dismiss for lack of jurisdiction.

The court assigned District Judge Thomas Johnston to the case, with VanDervort in a supporting role.

Umberger moved July 8 that the case remain under West Virginia law, and he asked for a hearing about it.

He wrote that all parties to the action are West Virginia citizens, and that McLain is regulated and licensed by West Virginia law.

He wrote that he did not sue the Bureau of Prisons and didn't plan to do so.

He wrote that McLain could sue the bureau as a third party, "as it appears that they are accepting responsibility for his illegal actions."