Sherman

I. INTRODUCTION

18 Tracy Jones (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in 19 this civil rights action filed pursuant to 42 U.S.C. § 1983. This case proceeds on Plaintiff’s 20 Eighth Amendment conditions of confinement claim against defendants Sherman and Lopez. (ECF Nos. 1 & 9). This case proceeds based on allegations that defendants Sherman and 22 Lopez were aware of the serious risk of COVID-19, yet failed to enforce their own policies or 23 follow the Center for Disease Control’s guidelines, which led to Plaintiff getting infected with 24 COVID-19. (Id.). 25 On November 30, 2021, Defendants filed a motion to dismiss, along with a request for 26 judicial notice. (ECF No. 23). On December 20, 2021, Plaintiff filed his opposition to the

28 motion. (ECF No. 26). On December 24, 2021, Defendants filed their reply. (ECF No. 27). For the reasons that follow, the Court finds that Defendants are not entitled to qualified immunity under either prong of the analysis, that Plaintiff does not need to allege facts at this stage of the proceeding in order to be entitled to punitive damages, and that Plaintiff’s request 5 …