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Clinton v. Geovenetti

United States District Court, Ninth Circuit, California, C.D. California
Sep 20, 2013
CV 08-4178-DOC (OP) (C.D. Cal. Sep. 20, 2013)

Summary

finding that the plaintiff failed to state a claim under the Equal Protection Clause based on sexual orientation discrimination where "[t]he only alleged discrimination by Defendant is verbal abuse and derogatory remarks concerning homosexuals."

Summary of this case from Byers v. Ohio Dep't of Rehab. & Corr.

Opinion


THOMAS CLINTON, Plaintiff, v. R. GEOVENETTI, Defendants. No. CV 08-4178-DOC (OP). United States District Court, C.D. California. September 20, 2013.

          ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND FINAL RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

          DAVID O. CARTER, District Judge.

         Pursuant to 28 U.S.C. § 636, the Court has reviewed the Fifth Amended Complaint, all the records and files herein, the Report and Recommendation of the United States Magistrate Judge, and the Objections filed by Plaintiff, de novo.

         IT IS ORDERED that the Judgment be entered: (1) accepting this Report and Recommendation; (2) granting the Defendant Geovenetti's Motion to Dismiss the Fifth Amended Complaint; and (3) directing that judgment be entered dismissing the Fifth Amended Complaint in its entirety without leave to amend and with prejudice.


Summaries of

Clinton v. Geovenetti

United States District Court, Ninth Circuit, California, C.D. California
Sep 20, 2013
CV 08-4178-DOC (OP) (C.D. Cal. Sep. 20, 2013)

finding that the plaintiff failed to state a claim under the Equal Protection Clause based on sexual orientation discrimination where "[t]he only alleged discrimination by Defendant is verbal abuse and derogatory remarks concerning homosexuals."

Summary of this case from Byers v. Ohio Dep't of Rehab. & Corr.

finding that inmate failed to state an equal protection claim based on his sexual orientation where "[t]he only alleged discrimination by Defendant is verbal abuse and derogatory remarks concerning homosexuals"

Summary of this case from Low v. Bartolotti
Case details for

Clinton v. Geovenetti

Case Details

Full title:THOMAS CLINTON, Plaintiff, v. R. GEOVENETTI, Defendants.

Court:United States District Court, Ninth Circuit, California, C.D. California

Date published: Sep 20, 2013

Citations

CV 08-4178-DOC (OP) (C.D. Cal. Sep. 20, 2013)

Citing Cases

Low v. Bartolotti

Low does not allege that Bartolotti denied him anything to which he was entitled or that other inmates…

Byers v. Ohio Dep't of Rehab. & Corr.

However, as noted above, verbal harassment and abusive language—no matter how reprehensible—is insufficient…