Dalton

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 7 ALVIN HENRY DALTON, Case No. 21-cv-10032-JSW

Plaintiff, AMENDED ORDER DENYING

MOTION FOR EMERGENCY

v. INJUNCTIVE RELIEF; OF SERVICE;

VACATING PRIOR ORDER

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…