(PS) Conerly v. Yap ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CARINA CONERLY, No. 2:21-cv-1132-TLN-CKD 12 Plaintiff, ORDER 13 v. 14 JULIE G. YAP, et al., 15 Defendants. 16 17 On November 30, 2021, the Court dismissed this action. (ECF No. 10.) On December 9, 18 2021, Plaintiff filed a notice of appeal. (ECF No. 12.) Thereafter, on December 13, 2021, the 19 Ninth Circuit Court of Appeals referred this matter to the District court for the limited purpose of 20 determining whether in forma pauperis status should continue for the appeal, or whether the 21 appeal is frivolous or taken in bad faith. (ECF No. 15.) 22 “An appeal may not be taken in forma pauperis if the trial court certifies in writing that it 23 is not taken in good faith.” 28 U.S.C. § 1915(a)(3); see also Hooker v. American Airlines, 302 24 F.3d 1091, 1092 (9th Cir. 2002) (revocation of in forma pauperis status appropriate where district 25 court finds the appeal to be frivolous). The good faith standard under 28 U.S.C. § 1915 is an 26 objective one. Coppedge v. United States, 369 U.S. 438, 445 (1962). A plaintiff satisfies the 27 “good faith” requirement if he or she seeks review of any issue that is “not frivolous.” Gardner v. 28 Pogue, 558 F.2d 548, 551 (9th Cir. 1977) (quoting Coppedge, 369 U.S. at 445). 1 For the reasons stated in the July 26, 2021 findings and recommendations (see ECF No. 2 | 4), and the October 27, 2021 findings and recommendations (ECF No. 8), both adopted by the 3 | Court on November 30, 2021 (ECF No. 10), the Court finds that the instant appeal is frivolous. 4 | The Court thus certifies that Plaintiff’s appeal is not taken in good faith, and concludes □□□□□□□□□□□ 5 | informa pauperis status should not continue for purposes of the appeal. 6 Accordingly, IT IS HEREBY ORDERED: 7 1. Plaintiff's in forma pauperis status is REVOKED; and 8 2. The Clerk of Court is directed to serve a copy of this order on Plaintiff and on the 9 Ninth Circuit Court of Appeals. 10 | DATED: January 5, 2022 ul r> /) 12 “ J of Lor 13 —ANS ZN Troy L. Nunley» } 14 United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28