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No.

92-411

IN THE SUPREME COURT OF THE STATE OF MONTANA
1993

CLAY ROSELLE, plaintiff and Appellant,

DEBRA CROSS and MONTANA DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES Defendants and Respondents.

APPEAL FROM:

District Court of the Fifth Judicial District, In and for the County of Beaverhead The Honorable Frank M. Davis, Judge presiding.

COUNSEL OF RECORD: For Appellant: Clay Roselle, Pro Se, Lima, Montana For Respondents: Debra Cross, Pro se, Rexford, Montana; John McRae, Department of Social and Rehabilitation Services, Child Support Enforcement Division, Missoula, Montana

Submitted on Briefs: Decided: Filed:

December 29, 1992 January 21, 1993

Justice William E. Hunt, Sr., delivered the opinion of the Court. Plaintiff and appellant Clay Roselle, acting pro se, brought suit on April 23, 1992, in the District Court for the Fifth Judicial District, Beaverhead County. The named defendants in this action were the Montana Department of Social and Rehabilitation services (Department) and Debra Cross, the mother of a minor child, J.G.R. action The Department moved the District Court to dismiss the against the Department pursuant to Rule 12(b) ( 6 ) ,

M.R.Civ.P., for failure to state a claim upon which relief may be granted. The District Court found the complaint filed by Roselle

to be nearly unintelligible. In addition, the District Court found Roselle's action to be premature. On July 20, 1992, the District We affirm.

Court dismissed the entire action without prejudice.

The only issue on appeal is whether the District Court erred in dismissing Roselle's complaint. On December 21, 1989, defendant and respondent Debra Cross gave birth out of wedlock to J.G.R. the biological father. Cross alleges that Roselle is

The Child Support Enforcement Division

(CSED) of the Department became involved in this matter in an attempt to establish the identity of the biological father and to insure, to the extent possible, that support was provided on behalf of the child. pursuant to

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Montana Law