Glick v. Montana Supreme Court

Filing 11

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS. This case is DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that Glick's motion to stay the proceedings in the Montana Supreme Court is DENIED AS MOOT. Signed by Judge Dana L. Christensen on 8/30/2017. (APP) Copy mailed to Glick

FILED
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION

RONALD DWAYNE GLICK,

AUG 3 0 2017
Clerk, U S District Court
District Of Montana
Missoula

CV 17-62-M-DLC-JCL

Plaintiff,
ORDER
vs.
MONTANA SUPREME COURT,
Defendant.

United States Magistrate Judge Jeremiah C. Lynch entered Findings and
Recommendations in this case on May 31, 2017, recommending that this matter be
dismissed. Plaintiff Ronald Dwayne Glick ("Glick") timely filed objections to the
Findings and Recommendations. Consequently, Glick is entitled to a de novo
review of those findings and recommendations to which he specifically objects.
28 U.S.C. § 636(b)(l)(C). This Court reviews for clear error those findings and
recommendations to which no party objects. See McDonnell Douglas Corp. v.
Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981); Thomas v.
Arn, 474 U.S. 140, 149 (1985). Clear error exists if the Court is left with a

"definite and firm conviction that a mistake has been committed." United States v.

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Syrax, 235 F.3d 422, 427 (9th Cir. 2000) (citations omitted).
Judge Lynch concluded, and this Court agrees, that dismissal is appropriate
because of an ongoing civil action in the State of Montana, and this Court's
inability to interfere with those proceedings. Glick moves the Court for a Petition
for Writ of Mandamus to have this Court control and direct the Montana Supreme
Court as to its decisions in Glick's state civil action. Pursuant to Younger v.
Harris, 401 U.S. 37, 43-45 (1971), federal courts are to abstain from granting
injunctive and declaratory relief that would interfere with pending state or local
court proceedings. All four requirements of the Younger abstention test are met
here.
Glick contends that Younger is directed only toward criminal cases and does
not apply to his state civil action. The Supreme Court recently defined the
Younger abstention doctrine to include "state criminal proceedings, civil
enforcement proceedings, and civil proceedings involving certain orders that are
uniquely in furtherance of the state courts' ability to perform their judicial
functions." Sprint Commc'ns, Inc. v. Jacobs, 134 S. Ct. 584, 588 (2013). Here,
this Court's interference would directly impact the ability of the Montana Supreme
Court to perform its function related to estate matters. Thus, the Younger
abstention doctrine applies.
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Accordingly, IT IS ORDERED that Judge Lynch's Findings and
Recommendations (Doc. 5) is ADOPTED IN FULL. This case is DISMISSED
WITH PREJUDICE.
IT IS FURTHER ORDERED that Glick's motion to stay the proceedings in
the Montana Supreme Court is DENIED AS MOOT.
DATED this

3D~day of August, 2017.

Dana L. Christensen, Chief Judge
United States District Court

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