Price

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 Immanuel Price, Case No.: 16cv1174-CAB-KSC

Plaintiff,

ORDER REGARDING MOTION

v. FOR SUMMARY JUDGMENT [Doc. No. 96] J. Wiese, Defendant. 16 On December 6, 2019, Defendant J. Wiese filed a motion for summary judgment. [Doc. No. 96.] On December 23, 2019, Plaintiff Immanuel Price filed an opposition to the motion. [Doc. No. 99.] On February 5, 2020, Defendant filed a reply to the opposition. [Doc. No. 100.] For the reasons set forth below, the motion is GRANTED. ALLEGATIONS OF FAC In the First Amended Complaint (“FAC”), Plaintiff alleges that on February 28, 2014, he and his spouse “got into altercation” and then Plaintiff left the residence. [Doc. No. 50, at p. 3.] Plaintiff claims he walked around “trying to burn off the heavy intoxication” and returned to the residence around 2:00 a.m. Id. Plaintiff then “passed out” on the ground floor rest room.” Id. 27 …