Covello

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 JUAN AUTILANO MERCED, JR., Case No. 2:21-cv-01405-WBS-JDP (PC) Plaintiff, ORDER THAT PLAINTIFF’S REQUEST

FOR APPOINTMENT OF COUNSEL IS

v. DENIED

PATRICK COVELLO, et al., ECF No.

Defendants. FINDINGS AND RECOMMENDATIONS

THAT:

15 (1) PLAINTIFF’S FIRST AND EIGHTH

AMENDMENT CLAIMS AGAINST

DEFENDANT E. BRAZIL PROCEED AND

ALL OTHER CLAIMS BE DISMISSED

WITHOUT PREJUDICE; AND

(2) PLAINTIFF’S MOTIONS FOR

PRELIMINARY INJUNCTION BE DENIED.

19 ECF Nos. 9, 15, & 16

21 In his amended complaint, plaintiff alleges that defendant Brazil, a correctional officer, violated his First Amendment and Eighth Amendment rights by retaliating against him for filing an administrative grievance. ECF No. 15 at 3. He alleges that Warden Covello violated his Eighth Amendment rights because he was informed of Brazil’s misconduct but failed to take corrective action. Id. at 4. Plaintiff’s claims against Brazil are…