Kernan

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 8 ARMANDO J. MENA, No. 1:18-cv-01190-AWI-JLT (PC) Plaintiff, v. ORDER FINDING APPEAL NOT TAKEN IN

GOOD FAITH

KERNAN, et al., Defendants. 14 Plaintiff, Armando J. Mena, is a state prisoner proceeding pro se and in forma pauperis in this civil rights action which he filed pursuant to 42 U.S.C. § 1983. On July 15, 2019, the court dismissed the action because the defendants are entitled to qualified immunity on Plaintiff’s claims. (Doc. Nos. 9, 13.) Plaintiff appealed and the United States Court of Appeals for the Ninth Circuit referred the matter to this Court for a determination, under Federal Rule of Appellate Procedure 24(a), whether the appeal is frivolous or taken in bad faith. (Doc. No. 18.) An appeal is taken in good faith if the appellant seeks review of any issue that is not frivolous. Gardner v. Pogue, 558 F.2d 548, 550-51 (9th Cir. 1977) (citing Coppedge v. United States, 369 U.S. 438, 445 (1962); see also…