Minifield

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS

INTRODUCTION

Plaintiff, a prisoner at Salinas Valley State Prison, filed a pro se civil rights complaint for damages under 42 U.S.C. § 1988 . Judge William H. Alsup found Plaintiffs claims met the initial review standard under 28 U.S.C. § 1915A and ordered the complaint served (docket no. 6). On April 25, 2003, Defendants filed a motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure (docket no. 18). Thereafter, Plaintiff filed a motion for an extension of the time to file an opposition (docket no. 20), which was granted by the Court (docket no. 21). Plaintiff was given until September 1, 2003 to file an opposition to Defendants’ motion. However, no opposition has been filed by Plaintiff. The motion is now deemed submitted.

STATEMENT OF FACTS

For purposes of this order, the Court takes as true the following allegations made by Plaintiff in his complaint: On March 16, 2000, Plaintiff was housed in his cell when Defendant Butikofer unzipped his clothing and told Plaintiff to grab his penis. When Plaintiff refused, Butikofer walked away laughing. Two days later, Butikofer did the same thing and brushed…