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
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.