No. 22-5092

James Eric Moore v. Jason Koenigsfeld, et al.

Lower Court: Eighth Circuit
Docketed: 2022-07-13
Status: Denied
Type: IFP
Response RequestedRelisted (2)IFP
Tags: civil-procedure discrimination-claims dismissal due-process expedited-funds-availability federal-rules-of-civil-procedure service-of-process standing statutory-interpretation sua-sponte-dismissal
Key Terms:
SocialSecurity DueProcess EmploymentDiscrimina
Latest Conference: 2022-11-18 (distributed 2 times)
Question Presented (AI Summary)

Did the district court sua sponte dismissal of complaint prior to service of complaint and summons on defendants violate Federal Rules of Civil Procedure 4 (a) as most appellate courts hold contrary to eighth circuit precedent

Question Presented (OCR Extract)

Question(s) Presented (1 ) Did the district court sua sponte dismissal of complaint prior to service of complaint and summons on defendants violate Federal Rules of Civil Procedure 4 (a) as most appellate courts hold contrary to eighth circuit precedent. (2) Did the eighth circuit incorrectly affirm the district court title 12 U.S.C 4002 (a) (1) (B) Expedited Funds Availability Act interpretation contrary to the clear statutory mandatory directives and this court interpretation in Bank One Chicago v. Midwest Bank & Trust. (3) Did the eighth circuit affirmance of district court dismissing complaint for failure to state a plausible claim violate Federal Rules of Civil Procedure 8 (a)(2) pleading and this court decision in Swierkiewicz v. Sorema NA. (4) Did the eighth circuit err in affirming district court dismissal of Title 42 U.S.C. 1981 discrimination and retaliation claims based on lack of proof of discrimination β€” contrary to this court precedent and other appellate court decisions. (5) Did the eighth circuit in affirming the district court violate federal Rules of Civil Procedure 8 (e) and this court decision in Erickson v. Pardus. _ * + \ . . . . > es 1’ LISTOF PARTIES | ) M All parties appear in the caption of the case on the cover page. \ ; {] All parties do not appear in the caption of the case on the cover page. A list of a β€˜all

Docket Entries

2022-11-21
Petition DENIED.
2022-11-03
DISTRIBUTED for Conference of 11/18/2022.
2022-10-27
Reply of petitioner James Eric Moore filed.
2022-10-13
2022-09-13
Response Requested. (Due October 13, 2022)
2022-08-25
DISTRIBUTED for Conference of 9/28/2022.
2022-07-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 12, 2022)

Attorneys

James Eric Moore
James E. Moore — Petitioner
Jason Koenigsfeld and Collins Community Credit Union
Laura Michelle HyerBradley & Riley PC, Respondent
Desiree Angelina KilburgBradley & Riley PC, Respondent