Covello

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JUAN AUTILANO MERCED, JR., Case No. 2:21-cv-01405-WBS-JDP (PC) Plaintiff, ORDER THAT THIS ACTION PROCEED

SOLELY ON PLAINTIFF’S FIRST

v. AMENDMENT CLAIM AGAINST BRAZIL PATRICK COVELLO, et al., FINDINGS AND RECOMMENDATIONS

THAT PLAINTIFF’S CLAIM AGAINST

Defendant. DEFENDANT COVELLO BE DISMISSED ECF No. 46 17 18 19 20 Plaintiff, a state prisoner, brought this action alleging that defendant Brazil, a correctional officer, violated his Eighth Amendment rights by calling a “rat” and a “snitch” and encouraging other inmates to attack him. ECF No. 15 at 3-5. Plaintiff also alleged that Brazil’s actions violated his First Amendment rights because they were undertaken in retaliation for a prison grievance plaintiff had filed against the officer. Id. I found these claims cognizable, but also recommended that defendant Covello, the unit warden, be dismissed because plaintiff had not alleged…