Monteer v. ABL Management Inc. et al
| Jacob Allen Monteer |
| ABL Management Inc., Timothy Durbin, Heather Westerfield and Joe Taylor |
| 4:2021cv00756 |
| June 23, 2021 |
| US District Court for the Eastern District of Missouri |
| Abbie Crites-Leoni |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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| Filing 14 Summons Issued as to defendant ABL Management Inc.. The summons was mailed to U.S. Marshal - St. Louis. (CMH) |
ORDER RECEIPT: (see receipt) Docket No: 12-14. Wed Aug 18 11:27:48 CDT 2021 (Hency, Christy)
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Filing 13
ORDER IT IS HEREBY ORDERED that the Clerk shall issue process or cause process to issue upon the complaint against defendant ABL Management Inc. as to plaintiffs claims brought pursuant to the Religious Land Use and Institutionalized Persons Act for declaratory and injunctive relief only. Signed by District Judge Stephen N. Limbaugh, Jr on 08/17/2021. (CMH)
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| Filing 12 Summons Issued as to defendant Timothy Durbin, Joe Taylor, Heather Westerfield. The summons was mailed to USM- St. Louis. (Attachments: #1 Taylor Summons, #2 Durbin Summons)(MRS) |
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Filing 11
ORDER OF PARTIAL DISMISSAL. IT IS HEREBY ORDERED that plaintiffs Religious Land Use and InstitutionalizedPersons Act claims against all defendants in their individual capacities are DISMISSED, withprejudice, pursuant to 28 U.S.C. 1915(e)(2)(B), as legally frivolous.IT IS FURTHER ORDERED that plaintiff's official capacity claims against alldefendants under 42 U.S.C. 1983 are DISMISSED, without prejudice, pursuant to 28 U.S.C. 1915(e)(2)(B), because the complaint fails to state a claim upon which relief can be granted.IT IS FURTHER ORDERED that plaintiffs First Amendment Establishment Clause andDue Process claims against all defendants in their individual capacities are DISMISSED, withoutprejudice, pursuant to 28 U.S.C. 1915(e)(2)(B), for failure to state a claim upon which relief canbe granted.IT IS FURTHER ORDERED that plaintiff's First Amendment retaliation claims againstdefendants Timothy Durbin and Joe Taylor in their individual capacities are DISMISSED, withoutprejudice, pursuant to 28 U.S.C. 1915(e)(2)(B), because the complaint fails to state a claim uponwhich relief can be granted. IT IS FURTHER ORDERED that plaintiffs Federal Detainee Treatment Act of 2005claims against all defendants are DISMISSED, with prejudice, pursuant to 28 U.S.C. 1915(e)(2)(B), as legally frivolous.IT IS FURTHER ORDERED that an appeal from this Order of Partial Dismissal wouldnot be taken in good faith.. Signed by District Judge Stephen N. Limbaugh, Jr on 08/12/2021. (CMH)
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Filing 10
MEMORANDUM AND ORDER re: #2 MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) filed by Jacob Allen Monteer: IT IS HEREBY ORDERED that plaintiffs motion to proceed informa pauperis (ECFNo. 2) is GRANTED.IT IS FURTHER ORDERED that plaintiff must pay an initial filing fee of$58.63 withinthirty (30) days of the date of this Order. Plaintiff is instructed to make his remittance payable to"Clerk, United States District Court," and to include upon it: (1) his name; (2) his prisonregistration number; (3) the case number; and ( 4) the statement that the remittance is for an originalproceeding.IT IS FURTHER ORDERED that the Clerk shall issue process or cause process to issueupon the complaint against defendants Westerfield, Durbin, and Taylor in their official capacitiesas to plaintiffs claims brought pursuant to the Religious Land Use and Institutionalized PersonsAct for declaratory and injunctive relief only.IT IS FURTHER ORDERED that the Clerk shall issue process or cause process to issueupon the complaint against defendants Westerfield, Durbin, and Taylor in their individualcapacities as to plaintiffs claims brought under the First Amendment Free Exercise Clause andthe Fourteenth Amendment Equal Protection Clause. IT IS FURTHER ORDERED that the Clerk shall issue process or cause process to issueupon the complaint against defendant Westerfield in her individual capacity as to plaintiffs FirstAmendment retaliation claim.IT IS FURTHER ORDERED that that the Clerk shall not issue process or cause processto issue upon the complaint as to plaintiffs official capacity claims against defendants Westerfield,Durbin, and Taylor under 42 U.S.C. 1983 because the complaint fails to state a claim upon whichrelief can be granted with respect to these claims.IT IS FURTHER ORDERED that that the Clerk shall not issue process or cause processto issue upon the complaint as to plaintiffs Religious Land Use and Institutionalized Persons Act,First Amendment Establishment Clause, Due Process, and Federal Detainee Treatment Act of2005 claims against defendants Westerfield, Durbin, and Taylor in their individual capacitiesbecause the complaint is legally frivolous or fails to state a claim upon which relief can be grantedwith respect to these claims.IT IS FURTHER ORDERED that that the Clerk shall not issue process or cause processto issue upon the complaint as to plaintiffs First Amendment retaliation claims against defendantsDurbin and Taylor in their individual capacities because the complaint is legally frivolous or failsto state a claim upon which relief can be granted with respect to these claims.A separate Order of Partial Dismissal will accompany this Memorandum and Order.( Initial Partial Filing Fee due by 9/13/2021.). Signed by District Judge Stephen N. Limbaugh, Jr on 08/12/2021. (CMH)
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ORDER RECEIPT: (see receipt) Docket No: 10-11. Thu Aug 12 15:34:30 CDT 2021 (Hency, Christy)
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| Filing 9 Letter to Court Clerk from Jacob Monteer re:requesting status of case. (Copy of docket sheet sent to Mr. Monteer at Phelps County Jail) (CSG) (Main Document 9 replaced on 7/26/2021) (CMH). |
| Filing 8 Letter from Clerk sent to Plaintiff Jacob Allen Monteer re: Failure to file Notice Regarding Magistrate Judge Jurisdiction. Notice re: Magistrate Judge Jurisdiction due by 7/29/2021. (CMH) |
| Filing 7 Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401, including any case budgeting matters. (Potter, Jacob) |
| Filing 6 Case transferred in from District of Missouri Western; Case Number 4:21-cv-00401. Original file certified copy of transfer order and docket sheet received. Case transferred in electronically. |
| Case Opening Notification: All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge jurisdiction. Click #here for the instructions. and all non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file Disclosure of Organizational Interests Certificate # (moed-0001.pdf). Judge Assigned: Honorable Abbie S. Crites-Leoni. (JWD) |
| Case electronically transferred to District of Eastern District of Missouri. This is a TEXT ONLY ENTRY. No document is attached. (Willis, Kathy) |
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Filing 5
ORDER TRANSFERRING CASE: ORDERED that this case is transferred to the United States District Court for the Eastern District of Missouri for all further proceedings. Signed on June 16, 2021 by District Judge Fernando J. Gaitan, Jr. (Willis, Kathy)
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| Filing 3 Inmate ACCOUNT STATEMENT filed by Jacob Allen Monteer. (Davies, Cindy) |
| Filing 2 IFP FINANCIAL AFFIDAVIT filed by Jacob Allen Monteer. (Davies, Cindy) |
| Filing 1 COMPLAINT against All Defendants filed by Jacob Allen Monteer. (Davies, Cindy) |
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