Price
James C. McCurdy v. Price, et al.
Opinion
trial_court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES C. MCCURDY, No. 1:21-cv-01699-KES-SAB (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATION
RECOMMENDING DISMISSAL OF
13 v. DEFENDANT PRICE 14 PRICE, et al., (ECF No. 33)
15 Defendants.
16 17 Plaintiff is proceeding pro se and in forma pauperis in this civil rights action. 18 On September 3, 2025, the Court ordered that that this case proceed on Plaintiff’s 19 complaint against Defendants J. Price; D. White; Sergeant Martinez; G. Rodriguez; E. Limon; E. 20 Puga, and Sergeant Beer for violations of Plaintiff’s First and Eighth Amendment rights, and 21 ordered the complaint be served. (ECF Nos. 23, 24.) 22 On November 7, 2025, CDCR returned a notice of intent to not waive service on 23 Defendant Jeffery Price because he is deceased. (ECF No. 33.) In addition, the CDCR website 24 confirms that Jeffery Price died on October 28, 2019. 25 https://www.cdcr.ca.gov/insidecdcr/2019/12/03/jeffrey-f-price/1
26 1 The…