Marlon Blacher v. Ralph Diaz, et al
| MARLON BLACHER, AKA Marlon Jessie Blacher |
| RALPH DIAZ, W. L. MONTGOMERY, Acting Warden, ALL CALIPATRIA STATE PRISON ADMINISTRATIVE SEGREGATION CORRECTIONAL OFFICERS AND MEDICAL DEPARTMENT STAFFING PERSONS, VILLA, Correctional Peace Officer, ROHOTAS, Correctional Peace Officer, C. GOODSON, CCI Fac. D Calipatria, KLESCHEL, CCII Fac. D Calipatria, ALLEGRE, Program Sat. Fac. D, ALL CALPATRIA STATE PRISON CORRETIONAL POLICE OFFICERS, ALL PIONEER'S MEDICAL CENTER, Staffing Persons, ALL RJD CORRECTIONAL FACILITY, FAC D, BLDG. 7, Staffing Persons, Correctional Peace Officers, Medical Department Staffing Persons and Mental Health Staffing Persons, WARDEN, RJD Correctional Facility, M. GUEVARA ORTEGA, PERN # 121759, R. COLVERT, Correctional Facility Inmate Appeals Officer, ALL RJD CORRECTIONAL FACILITY, FAC A, BLDG. 5, 2nd and 3rd Watch Correctional Peace Officers, DEBORAH B. WADLEIGH, Supervising Deputy Attorney General, JEREMY CHARLES DOERNBERGER, Deputy Attorney General, XAVIER BECERRA, Attorney General, JOHN OR JANE DOE, Web Host/Operator/Owner, CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION, Every CDCR Location, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, PO Box 942883, STATE OF CALIFORNIA, Impersonator, THERESA J. CANEPA, Judge of the Superior Court, LINDA FULLERTON, S. COWEY, Calipatria, MARK ZUCKERBERG, Facebook CEO/Chairman/President of Such, SAN DIEGO COUNTY DISTRICT ATTORNEY and E. FRIJAS, CCII at RJD |
| 22-55818 |
| September 2, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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| Filing 4 Filed order (DANIEL A. BRESS and LAWRENCE VANDYKE) Although the August 30, 2022 notice of appeal was not filed or delivered to prison officials within 30 days after entry of the July 22, 2022 judgment, appellants notice of appeal includes an allegation that he did not receive notice of entry of judgment until August 18, 2022. We construe appellants pro se notice of appeal as a motion to reopen pursuant to Federal Rule of Appellate Procedure 4(a)(6). See United States v. Withers, 638 F.3d 1055, 1061 (9th Cir. 2011). The district court has not had an opportunity to rule on that motion. This appeal is remanded to the district court for the limited purpose of allowing that court to rule on appellants August 30, 2022 motion to reopen the time for appeal. The district court is requested to serve a copy of its decision on this court at its earliest convenience. Briefing is stayed pending further order of the court. If the district court grants the motion to reopen, appellant does not need to file a new notice of appeal. The Clerk will send a copy of this order directly to the district judge. [12547083] (CKP) [Entered: 09/22/2022 02:44 PM] |
| Filing 3 Filed Appellant Marlon Blacher motion to proceed In Forma Pauperis. Deficiencies: None. Served on 09/14/2022. [12544046] (DJV) [Entered: 09/20/2022 07:24 AM] |
| Filing 2 Filed Appellant Marlon Blacher motion for appointment of counsel. Deficiencies: None. Served on 09/14/2022. [12544044] (DJV) [Entered: 09/20/2022 07:23 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Marlon Blacher opening brief due 10/31/2022. Appellees All Calipatria State Prison Administrative Segregation Correctional Officers and Medical Department Staffing Persons, All Calpatria State Prison Corretional Police Officers, All Pioneer's Medical Center, All RJD Correctional Facility, Fac A, Bldg. 5, All RJD Correctional Facility, Fac D, Bldg. 7, Allegre, Xavier Becerra, California Correctional Peace Officers Association, California Department of Corrections and Rehabilitation, Theresa J. Canepa, R. Colvert, S. Cowey, Ralph Diaz, John or Jane Doe, Jeremy Charles Doernberger, E. Frijas, Linda Fullerton, C. Goodson, Kleschel, W. L. Montgomery, Acting Warden, M. Guevara Ortega, Rohotas, San Diego County District Attorney, State of California, Villa, Deborah B. Wadleigh, Warden and Mark Zuckerberg answering brief due 11/30/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12532443] (JBS) [Entered: 09/02/2022 10:20 AM] |
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