Penny

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 LOUIS LEVERN PENNY, Case No. 19-cv-06981-EMC

8 Plaintiff,

ORDER OF DISMISSAL WITH LEAVE

9 v. TO AMEND

10 ALAMEDA COUNTY, et al., Docket Nos. 1, 4 11 Defendants.

12 13 I. INTRODUCTION 14 Louis Levern Penny, an inmate at the Santa Rita Jail in Alameda County, filed this pro se 15 civil rights action under 42 U.S.C. § 1983. His complaint is now before the Court for review 16 under 28 U.S.C. § 1915A. His motion for appointment of counsel is also before the Court for 17 consideration. 18 II. BACKGROUND 19 Mr. Penny alleges in his complaint that he was attacked by Alameda County Sheriff’s 20 Deputy Pereira, apparently on April 30, 2019. See Docket No. 1 at 13 (inmate grievance). Deputy 21 Pereira allegedly entered the cell “and began to attack and assault Penny.” Id. at 8. Mr. Penny 22 allegedly attempted to close the cell door to avoid physical contact, but deputy Pereira pulled the 23 door…