Custino

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ETUATE SEKONA, No. 2:16-cv-00517-TLN-DMC Plaintiff, v. ORDER F. CUSTINO, Defendant. 16 On June 8, 2023, 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. 221 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 allowing an appeal [IFP] is easily met . . . [t]he good faith requirement is satisfied if the [appellant] seeks review of any issue that is ‘not frivolous.’” Gardner v. Pogue, 558 F.2d 548, 550–51 (9th Cir. 1977) (quoting Coppedge v. U.S., 369 U.S. 438 445 (1962)); see also Hooker, 302 F.3d at 1092 (noting that an appeal is taken…