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

Filing 17

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)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BUTTE DIVISION FEB 2 1 2018 Clerk, U S Dl:~tjjct COun DIstrict Of iVlontapa Gr-.?~'; F.,:!~ SAFRON HUOT, CV-17-60-BU-BMM-JCL Plaintiff, vs. ORDER ADOPTING FINDINGS AND MONTANA STATE DEPARTMENT OF CHILD AND F AMIL 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. 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 . .. _---------- Brhul Morris Unired Stilt~S District Court fudge 2

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