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, ORDER TO SHOW CAUSE WHY
DEFENDANT MARTINEZ SHOULD NOT
13 v. BE DISMISSED 14 PRICE, et al., (ECF No. 36)
15 Defendants.
16 17 Plaintiff is proceeding pro se and in forma pauperis in this civil rights action filed pursuant 18 to 42 U.S.C. § 1983. 19 On September 3, 2025, the Court ordered service of Plaintiff’s complaint against 20 Defendants J. Price, D. White, Sergeant Martinez, G. Rodriguez, E. Limon, E. Puga, and Sergeant 21 Beer for violations of Plaintiff’s First and Eighth Amendment rights. (ECF No. 24.) 22 On November 7, 2025, the California Department of Corrections and Rehabilitation 23 returned a notice of intent to not waive service of process as to Defendant Martinez. (ECF No. 24 33.) 25 Thereafter, service was forwarded to the United States Marshal who returned the 26 summons as unexecuted with notation that Sergeant Martinez was…