Cox v. Commissioner Department Of Human Services

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Samuel Cox,
Plaintiff,
v.
Commissioner Department of Human
Services,
Defendant.
Case No. 26-CV-01983 (JMB/DTS)
ORDER
This matter is before the Court on the Report and Recommendation (R&R) of
United States Magistrate David T. Schultz dated April 3, 2026. (Doc. No. 5.) The R&R
recommends 	that 	this 	action 	be 	dismissed 	without 	prejudice 	under 	28 	U.S.C.
§ 1915(e)(2)(B) and, consequently, that the pending motion to proceed in forma pauperis
(Doc. No. 2) be dismissed as moot. (See id.) Neither party has objected to the R&R, and
the time to do so has now passed. See D. Minn. L.R. 72.2(b)(1).
In the absence of timely objections, the Court reviews the R&R for clear error. See
Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam).
Finding no clear error, and based upon all the files, records, and proceedings in the above-
captioned matter, IT IS HEREBY ORDERED THAT:
1. 	The R&R (Doc. No. 5) is ADOPTED.
2. 	This action will be DISMISSED WITHOUT PREJUDICE pursuant to 28
U.S.C. § 1915(e)(2)(B).
3. 	The application to proceed in forma pauperis (Doc. No. 2) is DENIED as
moot.
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LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: May 8, 2026 	/s/ Jeffrey M. Bryan
Judge Jeffrey M. Bryan
United States District Court
CASE 0:26-cv-01983-JMB-DTS Doc. 6 Filed 05/08/26 Page 2 of 2