Case Information
*1 Case 2:25-cv-00135-DAK Document 10 Filed 05/08/25 PageID.267 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH GAUTHIER NTIMAMOSI, ORDER AFFIRMING & ADOPTING
REPORT & RECOMMENDATION Plaintiff,
Case No. 2:25-CV-135-DAK-DAO v.
Judge Dale A. Kimball DEPARTMENT OF WORKFORCE
SERVICES; and ANDREA BRUNYER, Magistrate Judge Daphne A. Oberg
Defendants.
This case was assigned to United States District Court Judge Dale A. Kimball, who then referred the case to United States Magistrate Judge Daphne A. Oberg under 28 U.S.C. § 636(b)(1)(B). On April 21, 2025, Magistrate Judge Oberg issued a Report and Recommendation [ECF No. 8], recommending that this case be dismissed without prejudice because Plaintiff seeks monetary relief against Defendant who are immune from suit and the Complaint fails to state a claim for relief. The Report and Recommendation notified Plaintiff that any objection to the Report and Recommendation must be filed within fourteen days of receiving it.
On May 2, 2025, Plaintiff filed an Objection to Report and Recommendation. The court has reviewed and considered Plaintiff’s Objection as well as the Report and Recommendation and Plaintiff’s Complaint. A Magistrate Judge’s Report and Recommendation is subject to de novo review by this court. See 28 U.S.C. § 636(b)(1)(B); see also Fed. R. Civ. P. 72(b). The court has reviewed the materials de novo and agrees with Magistrate Judge Oberg’s recommendations in their entirety. Plaintiff’s claims are barred by Eleventh Amendment *2 Case 2:25-cv-00135-DAK Document 10 Filed 05/08/25 PageID.268 Page 2 of 2 immunity and fail to state a claim under 42 U.S.C. § 1983 and the other statutes he cited. Plaintiff has not provided any basis in his Objection for ruling otherwise. The court agrees that further opportunities to amend would be futile. Therefore, the court adopts and affirms Magistrate Judge Oberg’s Report and Recommendation. Accordingly, this action is dismissed without prejudice.
DATED this 8th day of May 2025.
BY THE COURT: DALE A. KIMBALL United States District Judge 2
