(PS) Wooten v. The State of California

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT WOOTEN, No. 2:22-cv-00850-TLN-CKD 12 Plaintiff, 13 v. ORDER 14 STATE OF CALIFORNIA and GAVIN

NEWSOM,

15 Defendants. 16 17 18 On October 25, 2022, the Ninth Circuit referred the matter to this Court for the limited 19 purpose of determining whether Plaintiff’s in forma pauperis (“IFP”) status should continue on 20 appeal or whether the appeal is frivolous or taken in bad faith. (ECF No. 14 at 1 (citing 28 U.S.C. 21 § 1915(a)(3); Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002)).) 22 “An appeal may not be taken [IFP] if the trial court certifies in writing that it is not taken 23 in good faith.” 28 U.S.C. § 1915(a)(3). “The test for allowing an appeal [IFP] is easily 24 met . . . [t]he good faith requirement is satisfied if the [appellant] seeks review of any issue that is 25 ‘not frivolous.’” Gardner v. Pogue, 558 F.2d 548, 550–51 (9th Cir. 1977) (quoting Coppedge v. 26 U.S., 369 U.S. 438 445 (1962)); see also Hooker, 302 F.3d at 1092 (noting…