Hammler

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ALLEN HAMMLER, Case No.: 17-cv-1185-AJB-WVG

12 Plaintiff, ORDER RESPONDING TO v. REFERRAL NOTICE

F. AVILES, (Doc. No. 80)

15 Defendant.

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. Plaintiff alleges that Defendant violated his civil rights by performing a takedown maneuver in 2016 and retaliating against Plaintiff when he accused Defendant of using excessive force during the takedown incident. On referral by this Court, Magistrate Judge William V. Gallo issued on November 23, 2021 a Report and Recommendation (“R&R”) on Defendant’s motion for summary judgment. (Doc. No. 72.) The Magistrate Judge recommended the Court grant Defendant’s motion and instructed the parties to file written objections with the Court no later than December 30, 2021. (Id. at…