Riethmiller v. Electors for the State of Montana, No. 9:2012cv00164 - Document 10 (D. Mont. 2013)
Court Description: 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.
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Riethmiller v. Electors for the State of Montana Doc. 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION ANNAMARIE LAST NAME UNCERTAIN, a/k/a Annamarie Riethmiller, et al., ) ) ) ) ) ) ) ) ) ) ) ) ) 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 -1- Dockets.Justia.com U.S.C. ยง 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. ~+ DATED this 31_ day of January, 2 Dana L. Christensen, Distri t Judge United States District Court -2-
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