Archive for the ‘Pro se’ category

Judge Ted Stewart – Motion to Dismiss granted for lack of jurisdiction

November 21, 2006

2006 U.S. Dist. LEXIS 83310

NICOLINA PHIBBS, MACHELL PHIBBS, and JUSTIN HALL, Plaintiffs, vs. ST. MARKS HOSPITAL AT SALT LAKE CITY; ST. MARKS HOSPITAL IN ATLANTA, GEORGIA; and JOHN and JANE DOES, Defendants.

Case No. 2:06-CV-922 TS

November 6, 2006

Pro se plaintiffs brought negligence and medical malpractice claims against two hospitals, one located in Utah and one located in Georgia, as well as various John or Jane Does (addresses unknown)

The Court ruled that it “does not have subject matter jurisdiction over this case because there is no federal question and there is a lack of complete diversity between Plaintiffs and Defendants.”

“The allegations of the Complaint are that two of the Plaintiffs and one of the defendants, St. Marks Hospital at Salt Lake City, are all citizens of Utah. Therefore, there is not complete diversity. Accordingly, the Complaint must be dismissed for lack of subject matter jurisdiction.”

The Court noted that “the heading for the Complaint lists the name of the court as the ‘Third Judicial District Court in and for Salt Lake County.’ It appears that the Complaint may have been mistakenly filed in this federal court instead of in the State of Utah’s Third District Court. The present dismissal is without prejudice to filing the Complaint in an appropriate state court.”

The Court also acknowledged that “the Court must construe [pro se] pleadings liberally and hold their submissions to a less stringent standard than formal pleadings drafted by lawyers.” Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991).

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Judge Dale A. Kimball / Magistrate Judge Brooke C. Wells – Motion to Dismiss granted

August 28, 2006

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.