Hairston

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 KEVIN TYRONE IZAL HAIRSTON, Case No.: 22-cv-01801-BAS-VET

Plaintiff,

ORDER GRANTING DEFENDANT’S

v. UNOPPOSED MOTION FOR

SUMMARY JUDGMENT

K. JUAREZ,

(ECF No. 51) Defendant.

17 Before the Court is Defendant’s Motion for Summary Judgment (“Motion”). (ECF No. 51.) Plaintiff Kevin Hairston (“Plaintiff”), a prisoner proceeding pro se, does not oppose the Motion. (ECF No. 53.) For the reasons detailed below, the Court GRANTS the Motion (ECF No. 51). I. FACTUAL BACKGROUND On August 22, 2022, while housed at Richard J. Donovan Correction Facility, Plaintiff broke free from an escort and rushed towards Defendant K. Juarez (“Defendant”) with a flying kick, hitting him in the knee. (ECF No. 51 at 6.) Plaintiff continued to attack Defendant, eventually knocking him off balance. (Id. at 6–7.) At the same time, a non- party officer used pepper spray, spraying both …