Shafirovich

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ARKADY SHAFIROVICH, No. 1:20-cv-01343-DAD-EPG Plaintiff, v. ORDER FINDING APPEAL NOT TAKEN IN

GOOD FAITH

DONALD J. TRUMP, et al.,

Defendants. 16 Plaintiff Arkady Shafirovich is proceeding pro se and in forma pauperis in this action. On March 23, 2021, the court dismissed this action, concluding that the complaint was frivolous. (Doc. No. 7.) On April 23, 2021, plaintiff filed a notice of appeal. (Doc. No. 9.) On August 23, 2021, 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 plaintiff’s appeal is frivolous or taken in bad faith. (Doc. No. 12.) 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 Hooker v. Am. Airlines, 302…