Wimberly

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 CRAIG ERVIN WIMBERLY, Case No. 19-cv-08316-SI

8 Plaintiff,

ORDER OF DISMISSAL WITH LEAVE

9 v. TO AMEND

10 KATHLEEN ALICIAN, et al., Re: Dkt. No. 1 11 Defendants.

12 13 Craig Wimberly, a California prisoner currently incarcerated at the San Quentin State Prison, 14 filed this pro se civil rights action under 42 U.S.C. § 1983 to complain of conditions of confinement 15 at that prison. His complaint is now before the court for review under 28 U.S.C. § 1915A. 16 17 BACKGROUND 18 The complaint alleges the following: 19 Wimberly worked as a porter and then as the lead porter in a visiting room at San Quentin 20 State Prison, where he was supervised by sergeant Cuevas and others. On an unstated date, 21 Wimberly saw sergeant Cuevas take “6 photo ducats out of the photo box” while Cuevas was 22 showing a new sergeant around the visiting room.1 Docket No. 1 at 4. Wimberly immediately 23 complained about the “theft” to his…