McMahon

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID ANTHONY AVILA, No. 2:18-cv-00163 JAM AC PS 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 M.D. McMAHON, 15 Defendants. 16 17 Plaintiff is proceeding in this action pro se and the case was accordingly referred to the 18 undersigned by Local Rule 302(c)(21). The last remaining defendant in this case, M.D. 19 McMahon, has moved for summary judgment. ECF No. 79. Plaintiff filed an opposition to the 20 motion (ECF No. 88) and an objection to the motion (ECF No. 87). Defendant replied. ECF No. 21 89. For the reasons explained below, defendant’s motion should be GRANTED. 22 I. Complaint and Procedural Background 23 Plaintiff brought this civil rights action under 42 U.S.C. § 1983 and California law, 24 alleging violations of plaintiff’s rights during a traffic stop and subsequent arrest. Plaintiff’s 25 Third Amended Complaint (“TAC”) is the currently operative pleading. ECF No. 61. Plaintiff 26 alleges that on January 28, 2016,…