Nicholas C. v. Bisignano

Background

Plaintiff Nicholas C. filed a complaint against Frank Bisignano, the Commissioner of Social Security. The case was referred to United States Magistrate Judge David T. Schultz, who issued a Report and Recommendation (R&R) recommending that the complaint be dismissed.

Procedural Posture

Neither party filed objections to the R&R within the permitted time period. Under Federal Rule of Civil Procedure 72(b) and Eighth Circuit precedent (Grinder v. Gammon), when no objections are filed to a magistrate judge's R&R, the district court reviews it only for clear error — a deferential standard that does not require the court to independently re-examine the legal or factual merits in depth.

Ruling

Judge Provinzino found no clear error in the R&R and adopted it in full. The court: (1) adopted the R&R (ECF No. 23); (2) denied Nicholas C.'s Request for Relief (ECF No. 9); (3) granted Commissioner Bisignano's Request for Relief (ECF No. 21); and (4) dismissed the complaint with prejudice. Dismissal with prejudice means Nicholas C. may not refile this particular complaint in federal court.

Notes

The order does not describe the underlying basis for the magistrate judge's recommendation or the specific Social Security determination at issue, as those details are contained in the R&R rather than this short adopting order.