Jackson et al v. Sexe et al

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Chris Jackson,
Plaintiff,
v.
Michelle Sexe, Individual and Official
Capacities, Gary Tallefson, Individual and
Official Capacities, and Dept. of Humn.
Serv. of Minn,
Defendants.
No. 25-cv-02688 (KMM/EMB)
ORDER
This matter is before the Court on the Report and Recommendation (“R&R”) of
U.S. Magistrate Judge Elsa M. Bullard (Dkt. No. 28) recommending dismissal of Plaintiff
Chris Jackson’s Complaint for failure to prosecute pursuant to Federal Rule of Civil
Procedure 41(b) because he failed to pay the filing fee and denying his motions for a
referral to a volunteer attorney as moot. Judge Bullard issued her R&R on October 15,
2025. On October 14, 2025, the Clerk of Court received a filing from Jackson asking Judge
Bullard to reconsider her earlier denial of his motions to proceed in forma pauperis, but
that filing was not docketed until after the R&R was issued. (See Dkt. 29 (Motion to
Reconsider); Dkt. 26 (Order denying IFP applications).)
Due to the timing of these filings, the Court issued an Order requiring Mr. Jackson
to submit updated financial information or it would adopt the R&R and dismiss the action
for failure to prosecute. (Dkt. 30.) The Court received that financial information from Mr.
Jackson on November 13, 2025. (Dkt. 31.) Accordingly, the Court declines to adopt the
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R&R. Judge Bullard will assess whether the new information supports Mr. Jackson’s
application for IFP status, and the undersigned expresses no opinion about the merits of
that question.
SO ORDERED.
Date: November 18, 2025 s/Katherine Menendez
Katherine Menendez
United States District Judge
CASE 0:25-cv-02688-KMM-EMB Doc. 32 Filed 11/18/25 Page 2 of 2