UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

TOMI EDWARD JENNINGS, JR.,

Plaintiff-Appellant,

v.

DISTRICT COURT FOR THE SEVENTH JUDICIAL DISTRICT, NATRONA COUNTY,

Defendant-Appellee.	No. 98-8068

(D.C. No. 98-CV-141-B)

(D. Wyo.)

ORDER AND JUDGMENT*

Before BRORBY, EBEL and LUCERO, Circuit Judges.

Tomi E. Jennings, Jr., appeals the district court's dismissal of his 42 U.S.C. § 1983 suit against the Seventh Judicial District Court in Natrona County, Wyoming. The district court dismissed his civil rights complaint because Jennings failed to pay the requisite filing fee. Although Jennings had moved to proceed in forma pauperis, a magistrate judge denied the motion pursuant to 28 U.S.C. § 1915(g),

because the prisoner, on 3 or more occasions, while incarcerated or detained, brought an action or appeal in a U.S. Court that was dismissed on the grounds that it was frivolous, malicious or failed to state a claim upon which relief may be granted, and the prisoner has not shown imminent danger of serious physical injury.

In its order dismissing the case, the district court simply reiterated, without elaboration, that Jennings was "subject to the filing fee requirements under 28 U.S.C. § 1915(g)."

Because neither the magistrate judge nor the district court specified which prior actions or appeals brought by Jennings were frivolous, we cannot properly review the order denying IFP status or dismissing the appeal. Consequently, we REMAND for the district court to enumerate and explain which prior actions or appeals formed the basis for its denial of IFP status.1

The mandate shall issue forthwith.

ENTERED FOR THE COURT

David M. Ebel

Circuit Judge