UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

MARK SWANGER,

Plaintiff - Appellant,

vs.

FRANK BEEBE; ARTHUR WHITLOCK; STEVEN AMES; RUBY BRIDGEFORTH; CHARLIE KEEN; BARBARA CHILES; CLAUDE PIERRE LOUISE; JOE MARTINES; TONY KIDD; JOHN MORSE; LINDA HERNANDEZ; KENT PHILLIPS; SHIRLEY SEARUGGS; LA RAE KEMP, M.D.; ETHEL OATMAN, R.N.; MEL STENCEL; MARSHA BOYLE; CHAR EHRENSHIFT; DEL BROWN; DAVID BACHMAN, M.D.; HILDA STANLEY; UNITED STATES ATTORNEY GENERAL; UNITED STATES ATTORNEY FOR THE DISTRICT OF COLORADO; U.S.P.O., SPECIFIC AGENCY; JEFFREY METZNER, M.D. Ph.; WALTER TORRES, Ph.d.,

Defendants - Appellees.

No. 98-1242

(	D.C. No. 98-605)

(D. Colo..)

ORDER AND JUDGMENT*

Before PORFILIO, KELLY, and HENRY, Circuit Judges.**

Mr. Swanger attempts to appeal from the dismissal of his complaint with prejudice for failure to comply with Fed. R. Civ. P. 8(a). The district court denied leave to appeal in forma pauperis. See 28 U.S.C. § 1915(a)(3).

We review a Rule 8(a) dismissal for an abuse of discretion, ordinarily after time is given to amend a complaint pursuant to Fed. R. Civ. P. 15(a). See Mangan v. Weinberger, 848 F.2d 909, 911 (8th Cir. 1988). With his notice of appeal, Mr. Swanger apparently attempted to amend the complaint. See R. doc. 49. We have reviewed the district court pleadings as well as Mr. Swanger's submissions on appeal and conclude that the district court did not abuse its discretion. See Carpenter v. Williams, 86 F.3d 1015, 1016 (10th Cir. 1996). Fed. R. Civ. P. 8(a)(2) requires short and plain statements of claims showing that a plaintiff is entitled to relief. The complaint (and attempted amendment) consists of recounting numerous incidents without sufficient identification of actors and applicable legal theories. See Monument Builders of Greater Kansas City, Inc. v. American Cemetery Ass'n of Kansas, 891 F.2d 1473, 1480 (10th Cir. 1989) (discussing purpose of complaint).

The motion to proceed on appeal in forma pauperis is DENIED pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), and the appeal is DISMISSED.

Entered for the Court

Paul J. Kelly, Jr.

Circuit Judge