Fiorito et al v. Metropolitan Council et al
Filing
14
ORDER denying 12 Motion to Reconsider (Written Opinion) Signed by Judge David S. Doty on 1/28/2025. (KAD)
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Civil No. 24-4562 (DSD/DLM)
Michael Fiorito,
Plaintiff,
ORDER
v.
Metropolitan Council, doing
business as Metro Transit;
Delta Airlines; and Sun
Country Airlines,
Defendants.
This matter is before the Court on plaintiff Michael Fiorito’s
motion
for
reconsideration
of
the
Court’s
earlier
denial
Fiorito’s application to proceed in forma pauperis (IFP).
No. 12.
The motion for reconsideration is denied.
of
See ECF
The court
already concluded that each of the dismissals identified in Fiorito
v. Prodigal Company, No. 24-CV-3757 (PJS/TNL), ECF No. 7 (D. Minn.
Jan. 3, 2025), constitutes a “strike” for purposes of 28 U.S.C.
§ 1915(g).
Nothing in the motion for reconsideration convinces
the court that any of those three dismissals should not have been
regarded as a strike.
Fiorito is ineligible for IFP status in this proceeding.
He
was required to pay the $405.00 filing fee by no later than
January 27, 2025, if he intended to proceed as a non-IFP litigant.
ECF No. 9.
Because that deadline has now passed and Fiorito has
not paid the required filing fee, this matter is now dismissed
without prejudice pursuant to Rule 41(b) of the Federal Rules of
Civil Procedure.
See Henderson v. Renaissance Grand Hotel, 267 F.
App’x 496, 497 (8th Cir. 2008) (per curiam) (“A district court has
discretion to dismiss an action under Rule 41(b) for a plaintiff’s
failure to prosecute, or to comply with the Federal Rules of Civil
Procedure or any court order.”).
Accordingly, based on the foregoing, and on all of the files,
records, and proceedings herein, IT IS HEREBY ORDERED THAT:
1.
The
motion
for
reconsideration
of
plaintiff
Michael
Fiorito [ECF No. 12] is denied.
2.
This action is dismissed with prejudice for failure to
prosecute.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: January 28, 2025
s/David S. Doty
David S. Doty, Judge
United States District Court
2
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