Yap

(PS) Conerly v. Yap

Good Law
United States District Court, Eastern District of CaliforniaJanuary 5, 20222:21-cv-01132California405 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CARINA CONERLY, No. 2:21-cv-1132-TLN-CKD Plaintiff, ORDER v. JULIE G. YAP, et al., Defendants. 16 On November 30, 2021, the Court dismissed this action. (ECF No. 10.) On December 9, 2021, Plaintiff filed a notice of appeal. (ECF No. 12.) Thereafter, on December 13, 2021, the Ninth Circuit Court of Appeals referred this matter to the District court for the limited purpose of determining whether in forma pauperis status should continue for the appeal, or whether the appeal is frivolous or taken in bad faith. (ECF No. 15.) “An appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith.” 28 U.S.C. § 1915(a)(3); see also Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002) (revocation of in forma pauperis status appropriate where district court finds the appeal to be frivolous). The good faith standard under 28 U.S.C. § 1915 is an objective one. Coppedge v.…

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