Dalton

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 8 ALVIN HENRY DALTON, Case No. 21-cv-10032-JSW

Plaintiff,

ORDER DENYING MOTION FOR

v. EMERGENCY INJUNCTIVE RELIEF;

OF SERVICE DISPOSITIVE MOTION

M VOTARI,

RE: DKT. NO.

Defendant.

Plaintiff, a California prisoner proceeding pro se, filed this civil rights action under 42 U.S.C. § 1983. The dismissal was vacated by the United States Court of Appeals, which also remanded the case to this court. Plaintiff has filed a motion for emergency injunctive relief, namely for the Court to order San Quentin State Prison (“SQSP”) to move Plaintiff to a single cell, which is the same relief he seeks in the complaint. SQSP is not a Defendant or a party to this case. Indeed, it is not clear that it can be a Defendant insofar as it appears to be simply a building and not a governmental or other entity that can be sued. Moreover, Plaintiff has not shown, or attempted show, that he is likely to succeed on the merits of his claim, which is a…