                           _________

PER CURIAM

       Tyree Lawson, proceeding pro se, appeals an order of the United States District

Court for the Eastern District of Pennsylvania granting the defendants’ motion to dismiss,

or in the alternative, for summary judgment in his civil rights action. For the reasons that

follow, we will affirm the judgment of the District Court.
       The record reflects that on April 17, 2008, Lawson was sitting in his car, which

was parked on a street in Philadelphia. Thomas Kee and Dennis Watson, Special Deputy

United States Marshals assigned to the Violent Crimes Fugitive Task Force,approached

Lawson’s car in order to serve a warrant for his arrest for attempted murder and other

state offenses. Kee ordered Lawson to put his hands up and Lawson complied. Kee was

unable to open the car door because the handle was broken. Special Deputy United

States Marshal Ryan McNamara and Deputy United States Marshal Steve Mason arrived

at the scene and parked behind Lawson. McNamara and Mason got out of their car and

stood behind Lawson’s car.

       According to Lawson, Kee forcibly gripped his neck and tried to pull him out of

the car window. Lawson states that he tried to tell Kee he was choking him, but Kee told

him to shut up. Lawson further states that he was able to break free, that Kee then yelled

“shoot,” and