Marlon Blacher v. Ralph Diaz

FILED

NOT FOR PUBLICATION DEC 20 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MARLON BLACHER, No. 22-55818

Plaintiff-Appellant, D.C. No. 3:20-cv-01270-LAB-MDD v.

RALPH DIAZ; et al., MEMORANDUM*

Defendants-Appellees.

Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding

Submitted December 18, 2024** San Francisco, California

Before: GOULD, SUNG, and DE ALBA, Circuit Judges.

Marlon Blacher appeals pro se the district court’s grant of summary

judgment in his 42 U.S.C. § 1983 action alleging deliberate indifference and

retaliation while he was incarcerated in California state prisons. The district court

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). found that Blacher failed to exhaust administrative remedies as required under the

Prison…