Price
James C. McCurdy v. Price, et al.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JAMES C. MCCURDY, No. 1:21-cv-01699-KES-SAB (PC) Plaintiff, FINDINGS AND RECOMMENDATION
RECOMMENDING DISMISSAL OF
v. DEFENDANT PRICE PRICE, et al., (ECF No. 33)
Defendants.
16 Plaintiff is proceeding pro se and in forma pauperis in this civil rights action. On September 3, 2025, the Court ordered that that this case proceed on Plaintiff’s complaint against Defendants J. Price; D. White; Sergeant Martinez; G. Rodriguez; E. Limon; E. Puga, and Sergeant Beer for violations of Plaintiff’s First and Eighth Amendment rights, and ordered the complaint be served. (ECF Nos. 23, 24.) On November 7, 2025, CDCR returned a notice of intent to not waive service on Defendant Jeffery Price because he is deceased. (ECF No. 33.) In addition, the CDCR website confirms that Jeffery Price died on October 28, 2019. https://www.cdcr.ca.gov/insidecdcr/2019/12/03/jeffrey-f-price/
26 1 The…