Armstrong v. Fink et al

Filing 7

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 3 in full. Action DISMISSED WITHOUTPREJUDICE. Signed by Judge Donald W. Molloy on 5/8/2014. Mailed to Armstrong. (TAG, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION

MUIRIA ARMSTRONG, M.A. on behalf
of minor son,

Plaintiff,

FILED

MAY 08 2014
Clerk, u.s District Court

District Of Montana

Missoula

CV 14-23-BU-DWM-JCL

ORDER

vs.
BARBARA FINK, et aI.,
Defendants.

This matter comes before the Court on Plaintiff Muiria Armstrong's
proposed Complaint, in which she seeks relief with respect to the custody of her
son, M.A. (Doc. 2). Magistrate Judge Jeremiah Lynch entered findings and
recommendations on April 10, 2014, recommending this matter be dismissed.
(Doc. 3.)
Armstrong is entitled to de novo review of the specified findings or
recommendations to which she objects. 28 U.S.C. § 636(b)(1). The Court reviews
the findings and recommendations that are not specifically objected to for clear
error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309,

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1313 (9th Cir. 1981). Armstrong filed an "Objection to Dismiss RQST for
Counsel" on April 30, 2014. (Doc. 6.) Although Armstrong has labeled her filing
as an "objection," the document merely reasserts her grievances, failing to directly
address Judge Lynch's analysis or conclusion. In the absence of specific
objections, the Court reviews Judge Lynch's determination that the Court must
abstain under Younger v. Harris, 401 U.S. 37, 43-45 (1971) for clear error.
Finding none, the Court adopts the findings and recommendation.
Accordingly, IT IS ORDERED that Judge Lynch's Findings and
Recommendation (Doc. 3) are ADOPTED IN FULL.
IT IS FURTHER ORDERED that this action is DISMISSED WITHOUT
PREJUDICE.
Dated this ~ day of May, 2014.

Hoy, District Judge
.strict Court

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