Judge Dale A. Kimball / Magistrate Judge Brooke C. Wells – Motion to Dismiss granted
IRVING K. BIGELOW, v. STATE OF UTAH et al.
Case No. 2:06CV516
2006 U.S. Dist. LEXIS 60069
August 23, 2006
Judge Dale A. Kimball / Magistrate Judge Brooke C. Wells
Plaintiff, Irving Karl Bigelow pro se, filed suit under 42 U.S.C. § 1985 against the State of Utah, State District Judge John Paul Kennedy, Newton Ghbor a detective with the South Salt Lake Police Department (SSLPD), Carla Armstrong also a detective with SSLPD, Colleen Barrette an agent with the Office of Recovery Services and Thomas Arne. Bigelow alleges violations of his rights in connection with a child abuse investigation and the “false evidence” that led to the removal of his son. Specifically, Bigelow claims violations of his right to fair and equal access, denial of counsel, and conspiracy to commit theft of a child.
Bigelow was seeking a million dollars a day for every day his son is gone.
This matter was referred to Magistrate Wells pursuant to 28 USC § 636(b)(1)(B). In short, the Magistrate recommended that Bigelow’s complaint should be dismissed for failure to state a claim upon which relief may be granted.
In reviewing the Magistrate’s recommendation, Judge Kimball noted that: “Mr. Bigelow has not objected to the Report and Recommendation, and the time for doing so has elapsed.”
Motion to dismiss granted.