Covello

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 JUAN AUTILANO MERCED Jr., Case No. 2:21-cv-01405-WBS-JDP (PC) Plaintiff, v. FINDINGS AND RECOMMENDATIONS PATRICK COVELLO, et al., Defendants. 15 16 Plaintiff Juan Autilano Merced, Jr. is a state prisoner proceeding without counsel in this action brought under 42 U.S.C. § 1983. He alleges that defendant Brazil violated his Eighth Amendment rights when he called plaintiff a rat and snitch and encouraged other inmates to attack him. Plaintiff alleges that while he was not physically injured as a result of defendant Brazil’s conduct, he has suffered from manic depression, suicidal thoughts, and loss of sleep. Defendant Brazil has moved to dismiss this claim, ECF No. 35, and his motion should, for the reasons stated hereafter, be granted. Legal Standards A complaint may be dismissed for “failure to state a claim upon which relief may be granted.” Fed. R. Civ. P. 12(b)(6). To survive a motion to dismiss for…