Opinion
Civil Action 4:22-cv-685-ALM-KPJ
07-10-2023
DANIELLE D'VONNE SPOSITO, Plaintiff, v. CYNTHIA MCCRANN WHELESS, et al., Defendants.
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
AMOS L. MAZZANT UNITED STATES DISTRICT JUDGE
Came on for consideration the Report and Recommendation of the United States Magistrate Judge in this action (the “Report”) (Dkt. #31), this matter having been heretofore referred to the Magistrate Judge pursuant to 28 U.S.C. § 636. In the Report, the Magistrate Judge recommended Plaintiff's lawsuit be dismissed without prejudice as the Court lacked subject-matter jurisdiction pursuant to Eleventh Amendment immunity and the Younger abstention doctrine. The Magistrate Judge further recommended that, even if the Court had subject-matter jurisdiction, Plaintiff's claims should be dismissed with prejudice on the basis of judicial immunity. Plaintiff then filed an Objection (Dkt. #32) to the Report.
The Court has conducted a de novo review of the Objection and is of the opinion that the findings and conclusions of the Magistrate Judge are correct, and the Objection is without merit as to the ultimate findings of the Magistrate Judge. Accordingly, Plaintiff's Objection (Dkt. #32) is OVERRULED and the Magistrate Judge's Report is ADOPTED as the findings and conclusions of the Court.
IT IS THEREFORE ORDERED that Plaintiff's lawsuit is DISMISSED WITHOUT PREJUDICE. All relief not previously granted is hereby DENIED, and the Clerk is directed to CLOSE this civil action.
IT IS SO ORDERED.