Allen

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 CHARLES EDWARD ALLEN, Case No.: 21cv0602-LAB (RBM)

CDCR # D-76353

ORDER RE REFERRAL NOTICE ON

Plaintiff, PLAINTIFF’S IN FORMA PAUPERIS v. STATUS ON APPEAL 14 RALPH DIAZ, et al., 15 Defendants. 16 17 Before the Court is a referral notice by the Ninth Circuit, dated July 27, 2022, that seeks a determination whether Plaintiff Charles Edward Allen’s in forma pauperis (“IFP”) status should be continued on appeal or whether the Court finds the appeal to be frivolous or taken in bad faith. (Dkt. 28). Allen filed his notice of appeal of the clerk’s judgment in this case on July 22, 2022. (Dkt. 25). “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). Rule 24(a) of the Federal Rules of Appellate Procedure provides that: [a] party who was permitted to proceed in forma pauperis in the district-court action, or who was…