Penny

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 LOUIS LEVERN PENNY, Case No. 19-cv-06307-EMC

Plaintiff,

ORDER OF DISMISSAL WITH LEAVE

v. TO AMEND

GREGORY J. AHERN, Docket Nos. 1, 3 Defendant.

12 13 I. INTRODUCTION Louis Levern Penny, an inmate at the Santa Rita Jail in Alameda County, filed this pro se civil rights action under 42 U.S.C. § 1983. His complaint is now before the Court for review under 28 U.S.C. § 1915A. His motion for appointment of counsel is also before the Court for consideration. II. BACKGROUND Mr. Penny alleges in his complaint that, on May 4, 2018, an inmate in an adjoining cell at the Santa Rita Jail showed him “rat feces meticulously placed between the bread” on a food tray. Docket No. 1 at 4. He further alleges that Gregory Ahern is in charge of the jail; lieutenant Clippinger, lieutenant McComas, and deputy Procopio took part in denying Mr. Penny’s inmate appeal…