Humphey
(PC) Cunningham v. Humphey
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, FINDINGS AND RECOMMENDATION
RECOMMENDING DISMISSAL OF
v. DEFENDANT P. MURPHY P. HUMPHEY, et al., (ECF Nos. 25, 27) 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 action is proceeding against Defendants Lascina and Murphy for failure to protect in violation of the Eighth Amendment. (ECF No. 12.) I. DISCUSSION 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…