Kenneth Blake, et al v. Missouri Dept. of Corrections, et al

Filing

PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Pasco M. Bowman and Raymond W. Gruender (UNPUBLISHED); Denying [4039876-2] motion to proceed on appeal in forma pauperis filed by Appellants Mr. Kenneth L. Blake and Mr. Sultan Lane., Denying [4036641-2] motion to proceed on appeal in forma pauperis filed by Appellant Mr. Kenneth L. Blake., Denying [4035985-2] motion to proceed on appeal in forma pauperis filed by Appellant Mr. Sidney Lanier., Denying [4046709-2] motion to proceed on appeal in forma pauperis filed by Appellant Mr. Sultan Lane.; Denying [4037154-2] motion for remand filed by Appellants Mr. Kenneth L. Blake and Mr. Sultan Lane.; Denying [4043580-2] motion for appointment of counsel filed by Appellants Mr. Kenneth L. Blake and Mr. Sultan Lane. [4094382] [13-1965]

United States Court of Appeals
For the Eighth Circuit
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No. 13-1965
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Kenneth L. Blake; Sidney Lanier
lllllllllllllllllllll Plaintiffs - Appellants
Lloyd Davis
lllllllllllllllllllll Plaintiff
Sultan Lane
lllllllllllllllllllll Plaintiff - Appellant
v.
Missouri Department of Corrections; Dwayne Kempker; Mike Kemna; Larry
Denney; Terry Page; Darin Morgan; John Brown; Montgomery; Dana Hughes;
Dan Greene; Russell Hollowell; Karon Gatton; M. Pettigrew; R. Lima; Bradley
Bird; Vincent Negus; A. Francis; Doug Worsham; David Mansingh; Lilly Moore;
Robin Norris; C.O.I. Cooper; John Does; Bradley Burd; Scott Cooper; Amy
Francis; Brian Montgomery; Mandy Pettigrew; Kimberly Ross; James Helton;
Wayne Hurley; Lora Welling; Tobey McMullen; Benjamin Brooke
lllllllllllllllllllll Defendants - Appellees
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Appeal from United States District Court
for the Western District of Missouri - St. Joseph
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Appellate Case: 13-1965

Page: 1

Date Filed: 11/08/2013 Entry ID: 4094382

Submitted: November 4, 2013
Filed: November 8, 2013
[Unpublished]
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Before WOLLMAN, BOWMAN, and GRUENDER, Circuit Judges.
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PER CURIAM.
Missouri inmates Kenneth Blake, Sidney Lanier, and Sultan Lane appeal
following the district court’s adverse grant of summary judgment in their action under
42 U.S.C. § 1983, the Religious Land Use and Institutionalized Persons Act
(RLUIPA), and state law. The district court’s summary judgment orders, however,
addressed only the RLUIPA and section 1983 free-exercise claims, and did not
address all of the claims raised in the second amended complaint--including claims
regarding equal protection, substantive and procedural due process, free speech,
access to the courts, and the Eighth Amendment. There is thus no final order from
which an appeal lies. In addition, the district court did not address the state-law
claims, other than to recognize that such claims had been raised. Because the district
court did not dispose of all of the federal claims, we will not conclude that the court
implicitly declined to exercise supplemental jurisdiction over the state claims. Cf.
Franklin v. Zain, 152 F.3d 783, 786 (8th Cir. 1998) (construing order dismissing all
federal claims as implicitly declining to exercise jurisdiction over pendent state
claims, and modifying dismissal of state claims to be without prejudice).
Accordingly, we lack jurisdiction over the instant appeal. See 28 U.S.C. § 1291
(courts of appeals have jurisdiction of appeals from final district court decisions);
Huggins v. FedEx Ground Package Sys., Inc., 566 F.3d 771, 773 (8th Cir. 2009)
(where it appears jurisdiction is lacking, appellate courts are obligated to consider sua
sponte jurisdictional issues); Thomas v. Basham, 931 F.2d 521, 523-24 (8th Cir.
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Appellate Case: 13-1965

Page: 2

Date Filed: 11/08/2013 Entry ID: 4094382

1991) (appeal was premature where some claims remained pending). The appeal is
dismissed as premature, and the pending motions are denied as moot.
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Appellate Case: 13-1965

Page: 3

Date Filed: 11/08/2013 Entry ID: 4094382