Huot v. Montana State Department of Child and Family Services et al
ORDER adopting Findings and Recommendations re (9) Findings and Recommendations. in case 2:17-cv-00045-BMM; adopting Findings and Recommendations re (10) Findings and Recommendations. in case 2:17-cv-00046. IT IS ORDERED that JUDGE Lynch's Findings and Recommendations is ADOPED IN FULL. IT IS FURTHER ORDERED that this matter is dismissed for lack of jurisdiction. Signed by Judge Brian Morris on 9/29/2017. Associated Cases: 2:17-cv-00045-BMM, 2:17-cv-00046 (ELL)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
ORDER ADOPTING FINDINGS AND
MONTANA STATE DEPARTMENT
OF CHILD AND FAMILY
SERVICES; et al.,
Plaintiff Safron Huot’s complaint reflects that she seeks to challenge in this
federal forum the termination of her parental rights by the courts of the state of
Montana. (Doc. 9 at 1-2.) Ms. Huot’s complaint indicates that she has filed an
identical complaint in numerous Untied States District Courts throughout the
All events giving rise to Ms. Huot’s complaint occurred in the state of
Montana, and, therefore, venue is proper in this District. 28 U.S.C. § 1391(b). Ms.
Huot advances a claim under 42 U.S.C. § 1983 for injunctive and monetary relief.
This claim invokes federal question jurisdiction under 28 U.S.C. § 1331. The Court
must analyze whether it may assert federal question jurisdiction over Ms. Huot’s
United States Magistrate Judge Jeremiah Lynch entered Findings and
Recommendations in this matter on September 5, 2017. (Doc. 9.) Neither party
When a party makes no objections, the Court need not review de novo the
proposed Findings and Recommendations. Thomas v. Arn, 474 U.S. 140, 149-52
(1986). This Court will review Judge Lynch’s Findings and Recommendations,
however, for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach.,
Inc., 656 F.2d 1309, 1313 (9th Cir. 1981).
Judge Lynch found that Ms. Huot’s claim stems from the underlying case
terminating the parental rights to her twin children. The termination of Ms. Huot’s
parental rights are extensively detailed in two Montana Supreme Court decisions.
(Doc. 9 at 3.) In this case, Ms. Huot names as defendants the Montana Department
of Health and Human Services (“DPHHS”), the Montana Supreme Court, the Third
Judicial District Court, District Judge Dayton, numerous attorneys who represented
the DPHHS and Anaconda Deer Lodge County, and a variety of trial witnesses. Id.
Judge Lynch determined that this Court is precluded from exercising
jurisdiction over Ms. Huot’s claim by the “Rooker-Feldman doctrine.” Id. The
Rooker-Feldman doctrine dictates that a federal district court does not have
jurisdiction to review a state court judgment. Here, Ms. Huot is seeking to have
this Court review the judgment of the Montana Supreme Court affirming the trial
court’s termination of her parental rights. Judge Lynch recommends that this action
should be dismissed for lack of jurisdiction. Id. at 6. The Court has reviewed Judge
Lynch’s Findings and Recommendations for clear error. The Court finds no error
in Judge Lynch’s Findings and Recommendations.
IT IS ORDERED that Judge Lynch’s Findings and Recommendations
(Doc. 9), is ADOPTED IN FULL.
IT IS FURTHER ORDERED that this matter is dismissed for lack of
DATED this 28th day of September, 2017.
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