Gibson V. R.G. Smith Co‪.‬

Plaintiff-appellant Albert G. Gibson appeals from the district court's dismissal of his employment discrimination action brought pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. The action was dismissed as frivolous pursuant to 28 U.S.C. § 1915(d). Because the district court employed procedures which prevented Gibson from formally instituting his action, we decline to address the merits of this appeal and remand the case to allow Gibson to file a complaint, whereupon the district court shall pass on its merits.