Winn

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 CARINA CONERLY,

Plaintiff, No. 2:21-cv-01076-TLN-JDP

13 v. ORDER JOHN PATRICK WINN, et al., 15 Defendants,

17 Plaintiff Carina Conerly (“Plaintiff”) is a state prisoner, proceeding pro se, with a civil rights action pursuant to 42 U.S.C. § 1983. On February 1, 2022, the Court dismissed this action and judgment was entered. (ECF Nos. 6, 7.) Plaintiff appealed the judgment to the Ninth Circuit Court of Appeals. (ECF No. 8.) On February 15, 2022, the Ninth Circuit referred the matter to this Court for the limited purpose of determining whether Plaintiff’s in forma pauperis (“IFP”) status should continue on appeal or whether the appeal is frivolous or taken in bad faith. (ECF No. 11 at 1 (citing 28 U.S.C. § 1915(a)(3); Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002)).) “An appeal may not be taken [IFP] if the trial court certifies in writing that it is not taken in good faith.” 28 U.S.C. § 1915(a)(3). “The test for…