Dalton

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ALVIN HENRY DALTON, Case No. 21-cv-10032-JSW

Plaintiff,

ORDER GRANTING MOTION FOR

v. SUMMARY JUDGMENT

M. VOTAW, Re: Dkt. No. 40 Defendant.

INTRODUCTION Plaintiff, a California prisoner proceeding pro se, filed this civil rights action under 42 U.S.C. § 1983 against M. Votaw1 an official at the California Training Facility (“CTF”). The complaint was found, when liberally construed, to state a cognizable claim for relief for violating Plaintiff’s Eighth Amendment rights to be from harmful conditions at his prison, specifically second-hand smoke from his cellmate. Defendant has filed a motion for summary judgment. Although cautioned about the nature of such a motion and the potential consequences of not opposing it, Plaintiff did not file an opposition. For the reasons discussed below, the motion for summary judgment is GRANTED. DISCUSSION I. Standard…