Humphey

(PC) Cunningham v. Humphey

Good Law
United States District Court, Eastern District of CaliforniaSeptember 6, 20231:23-cv-00564California720 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 L. C. CUNNINGHAM, No. 1:23-cv-00564-ADA-SAB (PC) Plaintiff, ORDER TO SHOW CAUSE WHY

DEFENDANT P. MURPHY SHOULD NOT

v. BE DISMISSED PURSUANT TO FEDERAL

RULE OF CIVIL PROCEDURE 4(M)

P. HUMPHEY, et al., (ECF No. 24) Defendants. 16 Plaintiff L.C. Cunningham is proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. This case is proceeding on Plaintiff’s failure to protect claim against Defendants Lacsina and Murphy. (ECF No. 118.) On July 19, 2023, the Court ordered that the complaint be electronically served on Defendants. (ECF No. 19.) On August 25, 2023, the California Department of Corrections and Rehabilitation (CDCR) returned a notice of intent to waive service of process as to Defendant Lacsina. (ECF No. 22.) On this same date, CDCR issued a notice of intent not to waive service as to Defendant Murphy with a notation “unable to…

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