Cox v. Commissioner Of Department of Human Services

Background

Samuel I. Cox applied to proceed without paying the required filing fees and asked the court to appoint a lawyer. His complaint named the Commissioner of the Department of Human Services, an unidentified mailroom supervisor, and an unidentified mailroom employee. The order states that these defendants were sued in their official capacities with the State of Minnesota.

Rulings

The court granted Cox’s application to proceed without paying filing fees. It directed the U.S. Marshals Service to serve the three named defendants under Rule 4(j) of the Federal Rules of Civil Procedure, which governs service on state governments and their agencies or officials.

The court noted that, if Cox seeks to sue any defendants in their individual capacities, he must amend the complaint and specifically identify those individuals. The court stated that he could seek amendment immediately if he knows their names, or later if he needs discovery to identify them.

The court denied Cox’s request for appointed counsel without prejudice. Applying factors including the case’s factual and legal complexity, Cox’s ability to present his claims, and whether counsel would benefit Cox or the court, Judge Tony N. Leung found that Cox appeared able to explain his claims and positions and that appointing counsel would not presently provide substantial benefit.