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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY XAVIER SMITH, No. 2:18-CV-03198-MCE-DB Plaintiff, v. ORDER LISTEN, et al., Defendants. 16 On October 30, 2019, the Court dismissed this action for failure to prosecute and failure to comply with the Court orders. (ECF No. 30.) On November 13, 2019, Plaintiff, who had proceeded without counsel and in forma pauperis in the district court, filed a notice of appeal. (ECF No. 32.) Thereafter, on November 21, 2019, the Ninth Circuit Court of Appeals referred this matter to the district court for the limited purpose of determining whether in forma pauperis status should continue for the appeal, or whether the appeal is frivolous or taken in bad faith. (ECF No. 35.) “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); see also Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002) (revocation of in forma pauperis…