Summary
finding letters that graphically describe plaintiff engaging in sexual actions with letter's intended recipient, use of "street slang and vernacular for sexual organs" and "graphic descriptions of sexual acts" were offensive according to contemporary community standards
Summary of this case from Pedersen v. SchneiderOpinion
CASE NO. C15-5530-RBL-DWC
05-17-2016
DANIEL PEREZ, JR., Plaintiff, v. BERNARD WARNER, RON HAYNES, ROY GONZALEZ, JOHN PADILLA, EARL X. WRIGHT, MARGRET GILBERT, Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
The Court, having reviewed the Report and Recommendation of Magistrate Judge David W. Christel, objections to the Report and Recommendation, if any, and the remaining record, does hereby find and ORDER:
(1) The Court adopts the Report and Recommendation.
(2) Defendants' Motion for Summary Judgment (Dkt. 14) is granted, and Plaintiff's claims are dismissed with prejudice.
(3) The Clerk is directed to send copies of this Order to Plaintiff, counsel for Defendants, and to the Hon. David W. Christel.
Dated this 17th day of May, 2016.
/s/_________
Ronald B. Leighton
United States District Judge