Blacher

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MARLON BLACHER, Case No.: 3:20-cv-1270-LAB-MDD

CDCR #G-50077,

ORDER RE PLAINTIFF’S NOTICE

Plaintiff, OF APPEAL AND DUTY TO v. PROSECUTE 14 RALPH DIAZ, et al., [ECF No. 6] Defendants. 16 17 On September 23, 2020, the Court granted Plaintiff’s Motion to Proceed In Forma Pauperis, denied his Motion for a Temporary Restraining Order, sua sponte dismissed as frivolous portions of his Complaint pursuant to 28 U.S.C. § 1915(e)(2) and § 1915A(b), and directed the U.S. Marshal to effect service upon Defendants Villa, Rohotas, Goodson, Allegre, and Cowey. See ECF No. 5. The Clerk has issued a summons as to those parties and has provided Plaintiff with directions and U.S. Marshal 285 forms so that he may execute that service within the 90 days permitted by Fed. R. Civ. P. 4(m). See ECF No. 9, 9-1. On October 5, 2020 however, Plaintiff filed a Notice of Appeal. See ECF No. 6. His…