(PC) Branson v. U.S. Forest Service

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KIP BRANSON, No. 2:19-cv-01399-WBS-CKD Plaintiff, v. FINDINGS AND RECOMMENDATIONS U.S. FOREST SERVICE, et al., Defendants. 16 Plaintiff is a former county inmate proceeding pro se and in forma pauperis in this Bivens action alleging Fourth Amendment excessive force claims against two law enforcement officials employed by the United States Forest Service who deployed their K9 during the course of plaintiff’s arrest. ECF No. 29 (first amended complaint). Defendants seek summary judgment on the ground that the claims are time barred. ECF No. 42. The motion has been fully briefed by the parties. See ECF Nos. 44, 46, 47. For the reasons discussed below, the undersigned recommends granting defendants’ motion for summary judgment. I. Factual and Procedural History In the first amended complaint, plaintiff alleges that defendants Harris and Buckman

1 Plaintiff filed an unauthorized sur-reply which the…