Shafirovich v. Trump ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ARKADY SHAFIROVICH, No. 1:20-cv-01343-DAD-EPG 12 Plaintiff, 13 v. ORDER FINDING APPEAL NOT TAKEN IN GOOD FAITH 14 DONALD J. TRUMP, et al., 15 Defendants. 16 17 Plaintiff Arkady Shafirovich is proceeding pro se and in forma pauperis in this action. On 18 March 23, 2021, the court dismissed this action, concluding that the complaint was frivolous. 19 (Doc. No. 7.) On April 23, 2021, plaintiff filed a notice of appeal. (Doc. No. 9.) On August 23, 20 2021, the United States Court of Appeals for the Ninth Circuit referred the matter to this court for 21 a determination, under Federal Rule of Appellate Procedure 24(a), whether plaintiff’s appeal is 22 frivolous or taken in bad faith. (Doc. No. 12.) 23 An appeal is taken in good faith if the appellant seeks review of any issue that is not 24 frivolous. Gardner v. Pogue, 558 F.2d 548, 550–51 (9th Cir. 1977) (citing Coppedge v. United 25 States, 369 U.S. 438, 445 (1962)); see also Hooker v. Am. Airlines, 302 F.3d 1091, 1092 (9th Cir. 26 2002) (if at least one issue or claim is non-frivolous, the appeal must proceed in forma pauperis 27 as a whole). A frivolous action is one “lacking [an] arguable basis in law or in fact.” Franklin v. 28 Murphy, 745 F.2d 1221, 1225 (9th Cir. 1984). “[T]o determine that an appeal is in good faith, a 1 | court need only find that a reasonable person could suppose that the appeal has some merit.” 2 | Walker v. O’Brien, 216 F.3d 626, 632 (7th Cir. 2000). 3 The court dismissed this action with prejudice due to the frivolousness of plaintiffs 4 | complaint, which alleged that that federal government agents placed a chip in plaintiff's body and 5 | directed electromagnetic radiation at him. (Doc. No. 1.) Accordingly, the court found that the 6 || facts alleged “rise to the level of the irrational or the wholly incredible” and denied leave to 7 | amend. Denton v. Hernandez, 504 U.S. 25, 33 (1992). 8 Plaintiffs notice of appeal does not dispute that his complaint was frivolous and consists 9 | of merely one sentence: “Plaintiff Arkady Shafirovbich intends to appeal judge’s decision on 10 | March 23, 2021 to close this case with prejudice.” (Doc. No. 9.) The undersigned can discern no 11 | basis for appeal in this case other than plaintiff's mere disagreement with the court finding as to 12 | the frivolous nature of the complaint, which does not suffice to demonstrate good faith or merit. 13 Accordingly: 14 1. Pursuant to Federal Rule of Appellate Procedure 24(a)(3)(A), the court finds that 15 the appeal is not taken in good faith; and 16 2. Pursuant to Federal Rule of Appellate Procedure 24(a)(4)(B), the Clerk of the 17 Court is directed to serve this order on plaintiff and the U.S. Court of Appeals for 18 the Ninth Circuit. 19 | IT IS SO ORDERED. me □ Dated: _ August 30,2021 Yel A Load 21 UNITED STATES DISTRICT JUDGE 22 23 24 25 26 27 28