Dalton v. Votari

Background

Alvin Henry Dalton, a California prisoner proceeding without a lawyer, brought this civil-rights action under 42 U.S.C. § 1983. The opinion states that an earlier dismissal was vacated by the United States Court of Appeals, which remanded the case to the district court.

Emergency Injunction

Dalton moved for emergency injunctive relief—an immediate court order requiring action during the case. He asked the court to order San Quentin State Prison to move him to a single cell, the same relief sought in his complaint.

The court denied the motion. It explained that San Quentin State Prison was not a defendant or party to the case, and that it was unclear whether the prison could be sued because it appeared to be a building rather than a governmental or other legally suable entity. The court also stated that Dalton had not shown, or attempted to show, that he was likely to succeed on the merits, a required showing for immediate or temporary injunctive relief under Federal Rule of Civil Procedure 65(a).

Further Proceedings and Ruling

The court ordered that the defendant be served at San Quentin State Prison and directed the California Department of Corrections and Rehabilitation to handle the specified electronic-service process. It ordered the defendant to file an answer and set procedures for discovery and a future dispositive motion, including a possible summary-judgment motion. The order also required the parties to serve their filings on each other and reminded Dalton that he must prosecute the case and keep the court informed of address changes.

Judge White denied the emergency-injunction motion but did not decide the underlying civil-rights claim. The case was directed to continue under the procedures set out in the order.