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, ORDER TO SHOW CAUSE WHY
DEFENDANT MARTINEZ SHOULD NOT
v. BE DISMISSED PRICE, et al., (ECF No. 36)
Defendants.
16 Plaintiff is proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. On September 3, 2025, the Court ordered service of 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. (ECF No. 24.) On November 7, 2025, the California Department of Corrections and Rehabilitation returned a notice of intent to not waive service of process as to Defendant Martinez. (ECF No. 33.) Thereafter, service was forwarded to the United States Marshal who returned the summons as unexecuted with notation that Sergeant Martinez was…