Shallowhorn

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Alfred E. SHALLOWHORN, Case No.: 23-cv-1273-AGS-KSC

Plaintiff,

ORDER RESPONDING TO

v. REFERRAL NOTICE (ECF 21)

R. LOPEZ, et al.,

7 Defendants. 8 This Court allowed plaintiff Alfred E. Shallowhorn to proceed in forma pauperis on his civil-rights claims against defendants, but dismissed three iterations of his complaint for failure to state a claim. (See ECF 5, 8, 16.) The Ninth Circuit has referred Shallowhorn’s subsequent appeal for the limited purpose of determining whether his IFP status should continue or whether the appeal is frivolous or taken in bad faith. (See ECF 21.) A plaintiff granted IFP status by a district court “may proceed on appeal in forma pauperis without further authorization, unless . . . the district court . . . certifies that the appeal is not taken in good faith.” Fed. R. App. P. 24(a)(3)(A). “In the absence of some evident improper motive, the applicant’s good faith is established by the presentation of any issue…