Pesce

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RAYMOND MONTEZELLO, No. 2:21-cv-00906-DJC-EFB (PC) Plaintiff, v. FINDINGS AND RECOMMENDATIONS PESCE, et al., Defendants. 16 Plaintiff is a state prisoner proceeding without counsel in an action brought pursuant to 42 U.S.C. § 1983. Plaintiff and defendants have filed cross-motions for summary judgment. ECF Nos. 34, 40. For the reasons that follow, plaintiff’s motion must be denied. Defendants’ motion must be granted as to plaintiff’s intentional infliction of emotional distress and negligent infliction of emotional distress claims against defendant Pesce and otherwise denied. I. The Complaint The action proceeds on plaintiff’s amended complaint. ECF No. 11. Plaintiff alleges the following: Plaintiff is a target for discrimination, harassment, and abuse from other inmates because of his mental illness. Id. at 17-18. On May 18, 2020, inmate Padilla loudly and openly challenged plaintiff to a fight. Id. at…