Ramirez

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 NOEL RAY SMITH, Case No. 19-cv-00019-WHO (PR)

Plaintiff, ORDER DISMISSING THE

COMPLAINT WITH LEAVE TO

v. AMEND

A. STEIBER, et al., Defendants. Dkt. Nos. 20 and

12 INTRODUCTION This federal civil rights suit is DISMISSED with leave to amend upon defendants’ Rule 12(b)(6) motion because plaintiff Noel Ray Smith has failed to state a claim for relief. Denial of two kosher meals, neither of which Smith ordered, did not violate his constitutional and statutory rights. Any amended complaint shall be filed on or before January 20, 2020. BACKGROUND These factual allegations are based on Smith’s complaint and are assumed as true for purposes of this order. Smith alleges that on April 17 and 18, 2017, there were two Kosher for Passover meals remaining on the food cart that would be either be discarded or given to employees, he…