Alicia P. v. Bisignano
- Laura Provinzino
- 0:25-cv-03168
- U.S. District Court · District of Minnesota
- 1
In Alicia P. v. Bisignano, Judge Provinzino adopted a magistrate judge's recommendation and dismissed Alicia P.'s Social Security complaint with prejudice.
People who have filed or are considering filing Social Security-related complaints in federal district court, particularly those who receive an unfavorable magistrate judge Report and Recommendation and do not file timely objections, as failure to object limits district court review and may result in dismissal with prejudice.
What happened
In Alicia P. v. Frank Bisignano, Commissioner of Social Security (Case No. 25-cv-3168), plaintiff Alicia P. sued the Commissioner of Social Security, seeking relief from the court. A magistrate judge — Magistrate Judge Dulce J. Foster — reviewed the case and issued a Report and Recommendation (a non-binding written analysis and suggestion submitted to the district judge) recommending that the complaint be dismissed with prejudice, meaning Alicia P. would be barred from refiling the same claims.
Alicia P. did not file any objections to the magistrate judge's Report and Recommendation within the time allowed. Because no objections were filed, the district court reviewed the recommendation only for clear error — a more lenient standard than a full review — rather than examining the issues from scratch.
Finding no clear error, Judge Laura M. Provinzino adopted the Report and Recommendation, denied Alicia P.'s request for relief, granted the Commissioner's request for relief, and dismissed the complaint with prejudice. The court ordered that judgment be entered accordingly.
The detailed version
- Alicia P. v. Bisignano · No. 0:25-cv-03168
- Laura M. Provinzino
- June 1, 2026
Background
Plaintiff Alicia P. filed a complaint against Frank Bisignano in his capacity as Commissioner of Social Security. The nature of the underlying dispute and the specific claims in the complaint are not described in this order; the order addresses only the procedural disposition of the case.
Magistrate Judge's Report and Recommendation
United States Magistrate Judge Dulce J. Foster issued a Report and Recommendation (commonly called an "R&R") recommending that the complaint be dismissed with prejudice. A Report and Recommendation is a written analysis by a magistrate judge submitted to the assigned district judge, who has final authority to adopt, modify, or reject it.
No Objections Filed
Alicia P. did not file objections to the R&R within the permitted time period. Under Federal Rule of Civil Procedure 72(b) and applicable Eighth Circuit precedent (citing Grinder v. Gammon, 73 F.3d 793 (8th Cir. 1996)), when no objections are filed, the district court reviews the R&R only for clear error — a deferential standard under which the court will accept the magistrate judge's recommendation unless it is plainly wrong.
Rulings
Judge Provinzino found no clear error in the R&R and entered the following orders:
- R&R Adopted — The Report and Recommendation (ECF No. 18) was adopted in full.
- Plaintiff's Request for Relief Denied — Alicia P.'s Request for Relief (ECF No. 13) was denied.
- Commissioner's Request for Relief Granted — Commissioner Bisignano's Request for Relief (ECF No. 17) was granted.
- Complaint Dismissed With Prejudice — The complaint (ECF No. 1) was dismissed with prejudice, meaning Alicia P. is barred from refiling the same claims in this court.
The court ordered that judgment be entered accordingly.
Note on Opinion Scope
This order is a short adoption order and does not set out the factual background, the specific legal grounds for dismissal, or the reasoning in the underlying R&R. The full reasoning for the dismissal with prejudice would be found in Magistrate Judge Foster's Report and Recommendation (ECF No. 18), which is not reproduced here.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.