Sullivan

I. BACKGROUND & FACTS

23 Plaintiff Edward Vincent Ray, Jr. (“plaintiff”), a state prisoner, initiated this action by 24 filing a pro se, 42 U.S.C. § 1983 complaint against four correctional officials (“defendants”) at 25 California Correctional Institution (“CCI”) located in Tehachapi, California on December 3, 26 2020. (Doc. No. 1). Plaintiff’s complaint alleges that his constitutional due process rights were

1 violated when he was transferred to a high security area of CCI in order to facilitate social distancing due to the global COVID-19 pandemic. (Id.). Plaintiff complains that his transfer to a higher security level within the prison has resulted in him being held in more restrictive conditions and he seeks a preliminary injunction ordering “he be moved to a level 2 prison yard.” (Doc. No. 7 at 5). Plaintiff argues an injunction is necessary because he is confined 23 hours a day in a prison cell with another inmate and “could” contract Covid-19 as a result. (Id.). II. APPLICABLE LAW Federal Rule of Civil Procedure 65 governs preliminary injunctions and limits their issuance to where “notice to the adverse party” has been…