Dominique E.B.; D.L.E., Jr.; and Dontay L.C. v. Social Security Administration, or other filing departments

Summary

The United States District Court for the District of Minnesota adopted a magistrate judge’s Report and Recommendation after finding no clear error and no timely objections. The court dismissed the matter without prejudice under 28 U.S.C. § 1915(e)(2)(B) and denied the plaintiff’s application to proceed in forma pauperis as moot.

Holdings

1. When no timely objections are filed, the Report and Recommendation is reviewed for clear error, and the court found no clear error.
2. The matter was dismissed without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B).
3. Dominique B.'s application to proceed in forma pauperis was denied as moot.

Questions Presented

1. Whether the magistrate judge's Report and Recommendation should be accepted when no timely objections were filed.
2. Whether the action should be dismissed without prejudice under 28 U.S.C. § 1915(e)(2)(B).
3. Whether the application to proceed in forma pauperis should be denied as moot after dismissal.

Disposition

dismissed