Rosato v. Sawyer et al

Filing 10

OPINION AND ORDER denying re: 6 MOTION for Leave to Proceed in forma pauperis. Plaintiff's Complaint is dismissed without prejudice. The Clerk of Court shall enter judgment accordingly, terminate any pending motions and deadlines, and close the file. Signed by Judge Sheri Polster Chappell on 5/28/2019. (SLU)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
DOMINIC ROSATO,
Plaintiff,
v.

Case No.: 2:18-cv-302-FtM-38MRM

DONALD SAWYER, REBECCA
JACKSON, JP CARNER, KAREN
WARREN, CHRISTINA DUDZINSKIMCGUNN, ELIZABETH PORFERT,
BRIAN L. MASONY, THE
DEPARTMENT OF CHILDREN AND
FAMILIES and FNU RIDDLE,
Defendants.
/
OPINION AND ORDER1
Before the Court is Plaintiff Dominic Rosato’s Motion for Leave to Proceed In
Forma Pauperis (IFP) (Doc. 6) filed on March 6, 2019. The Complaint has not yet been
served, therefore, no response has been filed.
The Court directed the Plaintiff to either pay the Court’s $400.00 filing fee or to file
a complete application to proceed In Forma Pauperis (IFP). (Doc. 2 at ¶ 2). Plaintiff filed
an incomplete application to proceed IFP. (Doc. 6). On April 24, 2019, the Court ordered
Plaintiff to either pay the Court’s $400.00 filing fee or to provide a computer printout

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prepared by officials at the Florida Civil Commitment Center (FCCC) that reflected all
transactions in his FCCC financial account for the six months preceding the filing of his
Complaint. (Doc. 7 at 2). Plaintiff was cautioned that failure to comply with the Court’s
Orders would result in his case being dismissed without further notice. Plaintiff did not
comply with the Court’s orders and the time to do so has expired.
The Court has taken reasonable steps to provide Plaintiff an opportunity to respond
to the Orders and Plaintiff was put on notice that the case would be dismissed if he failed
to comply with the Court’s Orders. The Local Rules of this Court provide that “[w]henever
it appears that any case is not being diligently prosecuted the Court may, on motion of
any party or on its own motion, enter an order to show cause why the case should not be
dismissed, and if no satisfactory cause is shown, the case may be dismissed by the Court
for want of prosecution.” M.D. Fla. R. 3.10(a).
The Court finds that Plaintiff has failed to prosecute this case and that the case is
due to be dismissed.
Accordingly, it is now
ORDERED:
1. Plaintiff Dominic Rosato’s Motion for Leave to Proceed In Forma Pauperis (IFP)
(Doc. 6) is DENIED.
2. Plaintiff’s Complaint is DISMISSED without prejudice.
3. The Clerk of the Court shall enter judgment accordingly, terminate any pending
motions and deadlines, and close the file.

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DONE and ORDERED in Fort Myers, Florida this 28th day of May 2019.

SA: FTMP-2
Copies:
All Parties of Record

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