Tolbert v. Hennepin County Human Services and Public Health Department, et al

Filing 6

ORDER: 1. The Report and Recommendation [ECF No. 5 ] is ADOPTED. 2. Plaintiff's Application to Proceed In Forma Pauperis [ECF No. 2 ] is DENIED. 3. This action is SUMMARILY DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). LET JUDGMENT BE ENTERED ACCORDINGLY. Signed by Judge Joan N. Ericksen on 03/23/2015. (lmb) cc: Tyhina Helen Tolbert. Modified on 3/23/2015 (lmb).

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Tyhina Helen Tolbert, a/k/a Tyhina
Helen Talbert,
Plaintiff,
v.

No. 14-cv-4996 (JNE/SER)
ORDER

Hennepin County Human Services and
Public Health Department, et al.,
Defendants.

Plaintiff Tyhina Helen Tolbert filed a Complaint in conjunction with an Application to
Proceed In Forma Pauperis (“IFP”). The United States Magistrate Judge found Tolbert’s
Complaint to be unintelligible and provided her with an opportunity to amend it. Tolbert
subsequently filed an Amended Complaint.
In a Report and Recommendation, the Magistrate Judge now recommends that Tolbert’s
IFP application be denied and that this action be summarily dismissed because her Amended
Complaint fails to state a claim on which relief may be granted. See 28 U.S.C. §
1915(e)(2)(B)(ii) (“[T]he court shall dismiss the case at any time if the court determines that . . .
the action . . . fails to state a claim on which relief may be granted”).
Tolbert did not object to the Report and Recommendation. After conducting a de novo
review of the record, the Court now adopts it.

Based on the files, records, and proceedings herein, and for the reasons stated above, IT
IS ORDERED THAT:
1. The Report and Recommendation [ECF No. 5] is ADOPTED.
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2. Plaintiff’s Application to Proceed In Forma Pauperis [ECF No. 2] is DENIED.
3. This action is SUMMARILY DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).
LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: March 23, 2015

s/ Joan N. Ericksen_____________
JOAN N. ERICKSEN
United States District Judge

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