Penny

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 LOUIS LEVERN PENNY, Case No. 19-cv-06307-EMC

8 Plaintiff,

ORDER OF DISMISSAL WITH LEAVE

9 v. TO AMEND

10 GREGORY J. AHERN, Docket Nos. 1, 3 11 Defendant.

12 13 14 I. INTRODUCTION 15 Louis Levern Penny, an inmate at the Santa Rita Jail in Alameda County, filed this pro se 16 civil rights action under 42 U.S.C. § 1983. His complaint is now before the Court for review 17 under 28 U.S.C. § 1915A. His motion for appointment of counsel is also before the Court for 18 consideration. 19 II. BACKGROUND 20 Mr. Penny alleges in his complaint that, on May 4, 2018, an inmate in an adjoining cell at 21 the Santa Rita Jail showed him “rat feces meticulously placed between the bread” on a food tray. 22 Docket No. 1 at 4. He further alleges that Gregory Ahern is in charge of the jail; lieutenant 23 Clippinger, lieutenant McComas, and deputy Procopio took part in denying Mr. Penny’s inmate 24 appeal…