Michael Blodgett v. Jon Hanson, No. 13-2197 (8th Cir. 2014)
Annotate this CaseCourt Description: Civil Case - RICO. District court's dismissal of RICO complaint was proper; denial of reconsideration was not an abuse of discretion, and imposition of sanctions was within the authority of the court.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 13-2197 ___________________________ Michael W. Blodgett lllllllllllllllllllll Plaintiff - Appellant v. Jon Hanson; Tony Krall; The Trustees of Zuhrah Shrine; John and Jane Does 1-10; Court 53 Royal Order of Jesters lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the District of Minnesota - Minneapolis ____________ Submitted: May 20, 2014 Filed: May 23, 2014 [Unpublished] ____________ Before GRUENDER, BOWMAN, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. Michael W. Blodgett appeals from an order of the District Court1 dismissing his Racketeer Influenced and Corrupt Organizations Acts suit under Rule 12(b)(6) of the Federal Rules of Civil Procedure. Upon careful de novo review, we find that the Rule 12(b)(6) dismissal was proper, see Dubinsky v. Mermart, LLC, 595 F.3d 812, 815 16 (8th Cir. 2010); that there was no abuse of discretion in the denial of reconsideration, see United States v. Metro. St. Louis Sewer Dist., 440 F.3d 930, 933 (8th Cir. 2006); and that there was no abuse of discretion in the imposition of sanctions, either under the District Court s inherent authority, see Bass v. Gen. Motors Corp., 150 F.3d 842, 851 (8th Cir. 1998), or under Rule 11, see Clark v. United Parcel Serv., Inc., 460 F.3d 1004, 1008 (8th Cir. 2006), cert. denied, 549 U.S. 1340 (2007). Accordingly, we affirm the judgment of the District Court. See 8th Cir. R. 47B. ______________________________ 1 The Honorable John R. Tunheim, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Jeanne J. Graham, United States Magistrate Judge for the District of Minnesota. -2-
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