Huot v. Montana State Department of Child & Family Services et al
ORDER adopting 15 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
FEB 2 1 2018
Clerk, U S
DIstrict Of iVlontapa
ORDER ADOPTING FINDINGS AND
MONTANA STATE DEPARTMENT
OF CHILD AND F AMIL Y
SERVICES; et aI.,
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. 14.) 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. 15.) 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 en-or. McDonnell Douglas Corp. v. Commodore Bus. Mach.,
Inc., 656 F.2d 1309, 1313 (9th Cif. 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. 15 at 2.) Judge Lynch
construes Huot's motion as a motion for relief from judgment or order under
Federal Rule of Civil Procedure 60(b). Id. Judge Lynch further determined that
Huot identifies no actionable ground tor relief. Id. The Court does not possess the
authority to hear the merits ofHuot's claim.
IT IS ORDERED that Judge Lynch's Findings and Recommendations
(Doc. 15), are ADOPTED 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.
DATED this 21st day of February, 2018 .
Unired Stilt~S District Court fudge
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