Covello

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 EDWARD MOTLEY, No. 2:24-cv-00002-DJC-EFB (PC) Plaintiff, v. ORDER PATRICK COVELLO, et al., Defendants. 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. Plaintiff’s complaint alleges First Amendment, Eighth Amendment, and state law negligence claims related to his illness allegedly caused by unsanitary food service at the Mule Creek State Prison (MCSP). ECF Nos. 1, 7. The named defendants are Acting Warden of MCSP Luis Garnica (substituted for former Warden Patrick Covello);1 Appeals Coordinator H. Moseley; Chief of Health Care Appeals S. Gates; and Correctional Counselor C. Armenta. Plaintiff has filed several motions which are now before the court. They include plaintiff’s motions to appoint counsel, ECF No. 28; to strike defendants’ affirmative defenses, ECF No. 27, ECF No. 29; to 25 Garnica has been substituted due to Covello’s retirement. ECF No. 44. …