ORDER

JOAN N. ERICKSEN, District Judge.

Plaintiff John Kolosky brought this action alleging that the Minnesota State Retirement System and other defendants violated his rights under the Americans with Disabilities Act, 42 U.S.C. § 12112, et seq., and 42 U.S.C. § 1983 by declining to provide him an application for state disability benefits because the deadline to apply had passed. Instead of paying the filing fee for this action, Kolosky applied to proceed in forma pauperis.

In a Report and Recommendation dated August 4, 2015, the Honorable Leo I. Brisbois, United States Magistrate Judge, recommended that the Complaint be dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a cause of action on which relief may be granted, and that the application to proceed in forma pauperis be denied. Kolosky objected to the Report and Recommendation, and Defendants responded.

The Court has conducted a de novo review of the record, reviewing the Magistrate Judge's analysis, Kolosky's objections, and Defendants' response. The Court acknowledges and appreciates the objections that Kolosky raised. Nevertheless, the Court adopts the conclusions of the Report and Recommendation [Docket No. 3], with one exception. The Report and Recommendation did not specify whether the Complaint would be dismissed with or without prejudice. There is a presumption that dismissal for failure to state a claim on which relief can be granted "is a judgment on the merits made with prejudice," unless the court specifies otherwise. Orr v. Clements, 688 F.3d 463, 465 (8th Cir. 2012). Dismissals for failure to state a claim upon which relief may be granted should generally be without prejudice, absent persistent pleading failures. Milliman v. Cnty. of Stearns, Civ. No. 13-136 (DWF/LIB), 2013 WL 5426049, at *16 (D. Minn. Sept. 26, 2013).

Therefore, IT IS ORDERED THAT:

LET JUDGMENT BE ENTERED ACCORDINGLY.