Riethmiller v. Electors for the State of Montana

Filing 10

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS for 8 Notice (Other) filed by AnnaMarie Riethmiller. Signed by Judge Dana L. Christensen on 1/31/2013. (APP, ) Copy mailed to Pltf this date.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION
ANNAMARIE LAST NAME
UNCERTAIN,
a/k/a Annamarie Riethmiller,
et al.,

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Plaintiff,
vs.
ELECTORS FOR
THE STATE OF MONTANA,
Defendants.

CV 12-164-M-DLC-JCL

ORDER

___________________________ )
United States Magistrate Judge Jeremiah C. Lynch entered Findings and
Recommendation on January 8, 2013, and recommended denying Plaintiffs
pleading (doc. 8). Plaintiff did not timely object to the Findings and
Recommendation, and so has waived the right to de novo review of the record. 28
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U.S.C. § 636(b)(l). This Court will review the Findings and Recommendation for
clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach .. Inc., 656 F.2d
1309, 1313 (9th Cir. 1981). Clear error exists ifthe Court is left with a "definite
and firm conviction that a mistake has been committed." United States v. Syrax,
235 F.3d 422, 427 (9th Cir. 2000).
Judge Lynch construed Plaintiffs pleading as a motion for relief under Fed.
R. Civ. P. 60(b) regarding the judgment entered in this matter on November 21,
2012. He found that because the pleading seeks to effectively overturn the
decision of the Supreme Court of Florida which allegedly deprived her of her
rights, it is barred by Rooker-Feldman as a "de facto appeal." He stated that her
pleading is not subject to review by this Court. After a review of Judge Lynch's
Findings and Recommendation, I find no clear error. Accordingly,
IT IS HEREBY ORDERED that Judge Lynch's Findings and
Recommendation (doc. 9) are adopted in full. Plaintiffs pleading (doc. 8) is
DENIED.

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DATED this 31_ day of January, 2

Dana L. Christensen, Distri t Judge
United States District Court
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