Jackson v. Sexe
- Katherine Menendez
- 0:25-cv-02688
- U.S. District Court · District of Minnesota
- 3
Counsel of record per CourtListener. Firm names are approximate.
In Jackson v. Sexe, Judge Menendez dismissed three plaintiffs — Dorn, Mohawk, and Mayers — without prejudice for failing to refile required financial-hardship applications.
Co-plaintiffs Tim Dorn, Tim Mohawk, and Mathias Mayers, who were dismissed from a lawsuit they filed jointly with Chris Jackson after failing to comply with a court order to refile financial-hardship applications. Pro se litigants (those representing themselves without a lawyer) who file jointly and fail to respond to court orders may face similar dismissals.
What happened
Judge Katherine Menendez accepted the magistrate judge's recommendation and dismissed Plaintiffs Tim Dorn, Tim Mohawk, and Mathias Mayers from the case without prejudice — meaning they are not permanently barred from refiling. Plaintiff Chris Jackson remains in the case. Judge Menendez also upheld the magistrate judge's denial of Jackson's motion to file an amended complaint that would have named only himself.
The detailed version
- Jackson v. Sexe · No. 0:25-cv-02688
- Katherine Menendez
- Sept. 18, 2025
Background
On June 25, 2025, four plaintiffs — Chris Jackson, Tim Dorn, Tim Mohawk, and Mathias Mayers — filed a complaint in the U.S. District Court for the District of Minnesota against Michelle Sexe (in her individual and official capacities), Gary Tallefson (in his individual and official capacities), and the Minnesota Department of Human Services. Each plaintiff simultaneously filed an Application to Proceed In Forma Pauperis (IFP) — a request to waive or defer court filing fees based on financial hardship.
Magistrate Judge's Initial Order
U.S. Magistrate Judge Elsa M. Bullard reviewed the IFP applications and, finding their accuracy questionable, ordered all four plaintiffs on July 1, 2025 to refile their IFP applications within 21 days.
Jackson's Motion to Amend
Twenty days after Judge Bullard's order, Plaintiff Jackson alone filed a Motion to File a First Amended Complaint. The proposed amended complaint named only Jackson as plaintiff, effectively removing Dorn, Mohawk, and Mayers. Judge Bullard denied this motion in her July 29, 2025 Report and Recommendation (R&R), reasoning that Jackson, acting alone, could not unilaterally remove his co-plaintiffs from the lawsuit.
Report and Recommendation on Dismissal
Because Dorn, Mohawk, and Mayers failed to refile their IFP applications as required, Judge Bullard recommended dismissing them from the case for failure to prosecute under Federal Rule of Civil Procedure 41(b). Rule 41(b) provides that if a plaintiff fails to prosecute a case or comply with court rules or orders, the court may dismiss the action. After the R&R was issued, Dorn, Mohawk, and Mayers did not file updated IFP applications, did not respond to the R&R, and did not otherwise communicate with the court.
District Court's Ruling
Judge Menendez accepted the magistrate judge's R&R in full. She dismissed Plaintiffs Tim Dorn, Tim Mohawk, and Mathias Mayers from the case without prejudice (meaning they may potentially refile) for failure to prosecute pursuant to Rule 41(b). The court cited both Rule 41(b) and the district court's inherent power to dismiss cases for failure to prosecute. The denial of Jackson's motion to amend was also upheld. Plaintiff Chris Jackson remains in the lawsuit.
Effect of the Order
The case continues solely as to Plaintiff Chris Jackson. Dorn, Mohawk, and Mayers have been dismissed without prejudice and are no longer parties.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.