HUOT v. MONTANA STATE DEPARTMENT OF CHILD AND FAMILY SERVICES et al

Filing 15

ORDER adopting 13 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

FEB 2 1 2018
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SAFRON HUOT,

CV-17-69-BU-BMM-JCL

Plaintiff,
vs.
ORDER ADOPTING FINDINGS AND

MONTANA STATE DEPARTMENT
OF CHILD AND F AMIL Y
SERVICES; et a!.,

RECOMMENDAnONS

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
Venue/Removal and Replacement of Magistrate Judge" on November 29,2017.
(Doc. 12.) Huot requests: (I) 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

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presiding over the cases. Judge Lynch entered Findings and Recommendations in
this matter on January 29, 2018. (Doc. 13.) 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. AlcDonneli 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. 13 at 2.) Judge Lynch
construes Huot's motion as a motion for reliefftomjudgment 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 Lynch's Findings and Recommendations
(Doc. 13), 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.
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United Slates District Court Judgt'

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