Blacher
Blacher v. Diaz
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MARLON BLACHER, Case No.: 20cv1270-LAB-MDD
CDCR #G-50077,
ORDER GRANTING PLAINTIFF’S
Plaintiff, MOTION TO REOPEN THE TIME TO vs. APPEAL
15 RALPH DIAZ, et al., 16 Defendants.
18 This matter is before the Court on remand from the Ninth Circuit regarding Plaintiff Marlon Blacher’s Notice of Appeal to the Ninth Circuit, in which he alleges that he did not receive notice of the entry of the Court’s July 22, 2022 judgment until August 18, 2022. (See Dkt. 57). Construing Blacher’s Notice of Appeal as a Motion to Reopen the Time to Appeal (“Motion”) pursuant to Federal Rule of Appellate Procedure 4(a)(6), the Ninth Circuit stayed proceedings in the pending appeal and remanded the matter to this Court for the limited purpose of resolving the Motion to Reopen. (See Dkt. 60 (citing U.S. v. Withers, 638 F.3d 1055 (9th Cir. 2011)). After carefully considering the Ninth Circuit’s instructions and Blacher’s arguments, the Court GRANTS the…