Goode

INTRODUCTION

19 Before the Court is Defendant Canedo’s (“Defendant” or “Canedo”)1 Motion to 20 Dismiss. ECF No. 9. Plaintiff Benjamin Dennis Goode (“Plaintiff” or “Goode”), 21 proceeding pro se, filed a civil rights complaint pursuant to 42 U.S.C. § 1983. ECF No. 1. 22 Goode is presently incarcerated in a California Department of Corrections and 23 24 25 1 Plaintiff’s Complaint refers to Defendant as “Canejo,” ECF No. 1, however, Defendant’s Motion to Dismiss informs the Court that Defendant’s name is “Canedo,” ECF No. 9 at 1. This Order refers to Defendant as “Canedo.” 27 Rehabilitation (“CDCR”) facility, Richard J. Donovan Correctional Facility (“RJD”). ECF No. 1. In his Complaint, Goode alleges Canedo, then, an RJD Correctional Sergeant, violated his Eighth Amendment rights when he placed Goode, who had tested negative for Covid-19, in a facility with Covid-19 positive prisoners and confiscated his C-PAP breathing machine. ECF No. 1 at 3-5. Goode seeks injunctive relief and monetary damages. ECF No. 1 at 7. In Defendant’s Motion to Dismiss, Canedo argues Plaintiff lacks standing because he did not suffer an actual, concrete, and particularized…