Huot v. Montana State Department of Child and Family Services et al

Filing 16

ORDER adopting 14 Findings and Recommendations in full. IT IS FURTHER ORDERED that Huot's motion for a mistrial, construed as a Rule 60(b) motion, is DENIED as lacking any basis in fact or law. Signed by Judge Brian Morris on 2/21/2018. (Copy mailed to Huot.) (NOS)

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

SAFRON HUOT,

FEB 2 ! 2018
Glerk, u.s O!'si:',ct (;ouil
Dlstrrct Of iVKmtan;;-;

CV-17-59-BU-BMM-JCL

Plaintiff,
vs.
ORDER ADOPTING FINDINGS AND

MONTANA STATE DEPARTMENT
OF CHILD AND FAMIL Y
SERVICES; et aI.,

RECOMMENDATIONS

Defendants.

Plaintiff Safron Huot, appearing pro se, commenced this case to appeal a
decision of the Montana Supreme Court. The Court dismissed this case for lack of
jurisdiction as a federal court does not possess jurisdiction over a litigant's
pleading requesting that the court review a state court decision.
After dismissal, Huot filed a motion titled "Motion for a Mistrial/Change of
VenuelRemoval and Replacement of Magistrate Judge" on November 29,2017.
(Doc. 13.) Huot requests: (1) a "mistrial" be declared on the grounds of
"Obstruction of Justice"; (2) the cases be transferred to the "District of Great
Falls"; and (3) United State Magistrate Judge Jeremiah Lynch be removed from

presiding over the cases. Judge Lynch entered Findings and Recommendations in
this matter on January 29, 2018. (Doc. 14.) Neither party filed objections.
When a party makes no objections, the Court need not review de novo the
proposed Findings and Recommendations. Thomas v. Am, 474 U.S. 140, 149-52
(1986). This Court will review Judge Lynch's Findings and Recommendations,
however, for clear error. lvfcDonnell Douglas Corp. v. Commodore Bus. Mach.,
Inc., 656 F.2d 1309, 1313 (9th Cir. 1981).

Judge Lynch determined that a "motion for a mistrial" fails to apply in this
situation as an Order of dismissal exists in this case. (Doc. 14 at 2.) Judge Lyneh
construes Huot's motion as a motion for relief from judgment or order under
Federal Rule of Civil Procedure 60(b ).ld. Judge Lynch further determined that
Huot identifies no actionable ground for relief. ld. The Court does not possess the
authority to hear the merits ofHuot's claim.
IT IS ORDERED that Judge Lyneh's Findings and Recommendations
(Doc. ] 4), are ADOPTED IN FULL.
IT IS FURTIIER ORDERED that Huot's motion for a mistrial, construed
as a Rule 60(b) motion, is DENIED as lacking any basis in fact or law.
DATED this 21st day of February, 2018.

Brian ivlorris
l;nitetl StJ.tt's f)istn(t Court Judge

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