Blacher
Blacher v. Diaz
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MARLON BLACHER, Case No.: 3:20-CV-01270-LAB-MDD
CDCR #G-50077,
ORDER GRANTING DEFENDANTS’
Plaintiff, MOTION FOR SUMMARY vs. JUDGMENT FOR FAILURE TO
EXHAUST PURSUANT TO
U.S.C. § 1997e(a) [Dkt. 45] RALPH DIAZ, et al., 16 Defendants. 17 Marlon Blacher is currently incarcerated in the Pasco County Jail in Land O Lakes, Florida. On July 6, 2020, he filed a civil action under 42 U.S.C. § 1983 against several jail guards from the Calipatria and Richard J. Donovan prisons in California where he was previously incarcerated. (Dkt. 1). On September 23, 2020, the Court granted his application to proceed in forma pauperis (“IFP”), screened his Complaint pursuant to 28 U.S.C. § 1915(e)(2) and § 1915A, dismissed some of his claims, and directed the U.S. Marshal to effect service upon the remaining Defendants pursuant to 28 U.S.C. § 1915(d) and Fed. R. Civ. P. 4(c)(3). (Dkt. 5). On February 1,…