Evans v. Daly et al
Filing
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ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 20 in full. Motion to Dismiss Request for Relief and to Stay Proceedings 16 is GRANTED. Evans's claims for declaratory relief are DISMISSED WITHOUT PREJUDICE and the remainedof the action seeking monetary damages is STAYED pending resolution of the state court proceedings. Signed by Judge Brian Morris on 11/13/2018. Mailed to Evans. (TAG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION
ANTHONY L. EVANS,
Plaintiff,
CV 18-26-BU-BMM-JCL
vs.
SEAN DALY and ERIN DIEHL,
ORDER ADOPTING MAGISTRATE
JUDGE’S FINDINGS AND
RECOMMENDATIONS
Defendants.
United States Magistrate Judge Jeremiah Lynch entered Findings and
Recommendations in this matter on October 16, 2018. (Doc. 20.) Neither party
filed objections.
Given that no objections were filed, the Court has reviewed Judge Lynch’s
Findings and Recommendations for clear error. McDonnell Douglas Corp. v.
Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). The Court
finds no error in Judge Lynch’s Findings and Recommendations, and adopts them
in full.
I. BACKGROUND
Evans was sentenced to 40 years with 24 years suspended on July 26, 2001.
(Doc. 20 at 1-2.) Evans was discharged from prison on July 10, 2015. Id. at 2.
Evan’s supervising probation officer, Sean Daly, along with Erin Diehl
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(collectively “Defendants”), conducted a home visit at Evans’s residence on July
26, 2016. Id. During the encounter, Daly located pornography search terms during
a review of contents of Evans’s cell phone. Id. Evans thereafter made additional
admissions. Id. Daly filed a report of violation with the state district court alleging
possession of pornography, as well as possession of weapons, alcohol, lying to his
probation officer, and having a smartphone without permission. Id. Evans appeared
in the Eleventh Judicial District Court on December 7, 2017. Id. at 3. Evans’s 24
year suspended sentence was revoked.
Evans filed a notice of appeal with the Montana Supreme Court appealing
the revocation order. Id. at 3-4. Evans also filed a Complaint in the immediate
matter with the following allegations: (1) that Daly’s search of his cell phone was a
violation of his Fourth Amendment rights and his privacy under the United States
Constitution (Doc. 2 at 3); and (2) that Defendants failed to advise Evans of his
Miranda rights before conducting an in-custody interview. Id. at 13.
Defendants filed a Motion to Dismiss Request for Declaratory Relief and to
Stay Proceedings (Doc. 16.) Defendants argue Evans’s request for declaratory
relief and a stay of his action while parallel state court proceedings are pending
requires dismissal. Id. Evans did not respond to the motion.
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II. DISCUSSION
Judge Lynch recommends Defendants’ motion should be granted. (Doc. 20
at 1.) Younger v. Harris, 401 U.S. 37 (1971), bars federal challenges to ongoing
state judicial proceedings in the absence of immediate irreparable injury to the
plaintiff. Id. at 45. A four part test applies to abstention in civil cases: (1) the state
proceeding is ongoing; (2) the state proceeding is a quasi-criminal enforcement
action or involves a state’s interest in enforcing the orders and judgments of its
courts; (3) the proceeding implicates and important state interest; and (4) the
proceeding allows litigations to raise federal challenges. Cooke v. Harding, 879
F.3d 1035, 1039 (9th Cir. 2018).
Judge Lynch determined that the ongoing state criminal proceedings require
dismissal. Judge Lynch determined that the proceedings involve important state
interest with which the Court may not interfere while it is ongoing. Further, Judge
Lynch reasoned that Evans had opportunities under Montana law to raise federal
questions and concerns. Finally, Judge Lynch determined that an action in this
Court would interfere with the state criminal proceedings. (Doc. 20 at 5-7.)
Accordingly, Judge Lynch recommended the Court abstain from adjudicating
Evans’s claims.
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IT IS ORDERED that Judge Lynch’s Findings and Recommendations
(Doc. 20), are ADOPTED IN FULL. Defendants’ Motion to Dismiss Request for
Relief and to Stay Proceedings (Doc. 16) is GRANTED. Evans’s claims for
declaratory relief are DISMISSED WITHOUT PREJUDICE and the remained
of the action seeking monetary damages is STAYED pending resolution of the
state court proceedings.
Evans is directed to file a report on the status of his criminal charges every
six months until such time as his criminal charges have been resolved. If Evans
desires to continue with this case after disposition of the criminal charges against
him, he must request the stay be lifted within thirty days of completion of the
appellate process.
DATED this 13th day of November, 2018.
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