Hammler

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ALLEN HAMMLER, Case No.: 17-cv-01185-AJB-WVG

12 Plaintiff, ORDER: v. (1) ADOPTING THE REPORT AND

F. AVILES, RECOMMENDATION and

15 Defendant. (2) GRANTING DEFENDANT’S

MOTION FOR SUMMARY

JUDGMENT.

18 (Doc. Nos. 60, 72)

I. BACKGROUND This is a civil rights action pursuant to 42 U.S.C. § 1983 filed by Allen Hammler (“Plaintiff”), a state prisoner proceeding pro se and in forma pauperis, against F. Aviles (“Defendant”), a correctional officer.1 Plaintiff alleges that Defendant violated his civil rights by performing a takedown maneuver in 2016 and retaliating against Plaintiff when he accused Defendant, in a recorded statement, of using excessive force in connection with the takedown incident.

28 Before the Court is Defendant’s motion for summary judgment on both claims. (Doc. No. 60.) The Court referred the matter to Magistrate Judge William V. Gallo for a Report and Recommendation (“R&R”), which he…