(PS) Huang v. United States Postal Service

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 HAN JING HUANG, No. 2:19-cv-477-TLN-KJN PS Plaintiff, v. ORDER U.S. POSTAL SERVICE, et al., Defendants. 16 On May 29, 2019, the undersigned recommended dismissal of this action with prejudice, as the first amended complaint was found to be frivolous; the order was adopted by the district judge and judgment was entered on August 2, 2019. (ECF Nos. 10, 16.) On August 15, 2019, plaintiff, who had proceeded without counsel and in forma pauperis in the district court, filed a notice of appeal. (ECF Nos. 2, 18.) On August 21, 2019, the Ninth Circuit Court of Appeals referred to the district court the question of whether in forma pauperis status should continue for the appeal, or whether the appeal is frivolous or taken in bad faith. (ECF No. 21.) Federal Rule of Appellate Procedure 24 provides that “a party to a district-court action who desires to appeal in forma pauperis must file a motion in the district court.” …