1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 LYON STONE TRUST, Case No. 22-cv-04470-SI 5 Plaintiff, ORDER RE IN FORMA PAUPERIS 6 v. STATUS ON APPEAL 7 KELLI EVANS, et al., Re: Dkt. No. 9 8 Defendants. 9 10 The Court has received a referral notice from the Ninth Circuit Court of Appeal. Dkt. No. 11 9. The notice directed the Court to determine whether in forma pauperis (IFP) status should continue (12 for plaintiff's appeal or whether the appeal is frivolous or taken in bad faith. See 28 U.S.C. 5 13 § 1915(a)(3). Due to an administrative error, the Court failed to issue a determination within 21 14 || days as requested by the Ninth Circuit. Dkt. No. 9. The Ninth Circuit has observed that □□□□□□□□□□□ 3 15 || i forma pauperis status continues absent revocation of that status. Order, Stone Lyon Trust v. Kelli 16 || Evans, No. 22-16377 (9th Cir. Oct. 25, 2022). 5 An appeal is in “good faith” where any issue raised is “non-frivolous.” Hooker vy. American 18 Airlines,

. An issue is “frivolous” if it has “no arguable basis in fact or law.” 19 See O'Loughlin v. Doe,

(9th Cir. 1990). A claim has no arguable basis in fact or law if it is incomprehensible. Jackson v. State of > Ariz.,

(9th Cir. 1989), superseded by statute on other grounds as stated in Lopez 0 v. Smith,

(9th Cir. 2000). Plaintiffs appeal is frivolous because it is incomprehensible. Jd. Accordingly, if the Ninth Circuit will accept this late determination, in forma pauperis status is revoked. IT IS SO ORDERED. Dated: December 2, 2022 26 C h f es 27 SUSAN ILLSTON 28 United States District Judge