Roberson v. Castro, No. 21-40009 (5th Cir. 2021)
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Case: 21-40009 Document: 00516143530 Page: 1 Date Filed: 12/23/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED No. 21-40009 Summary Calendar December 23, 2021 Lyle W. Cayce Clerk Michael Cardora Roberson, Plaintiff—Appellant, versus Sergeant Evelyn Castro, Warden II, Individually in their personal capacity for money damages and in their official capacities, for injunction; John R. Delapp, Jr., Major of Corr Off, Individually in their personal capacity for money damages and in their official capacities, for injunction; Christie L. Garcia, Cat of Corr Off, Individually in their personal capacity for money damages and in their official capacities, for injunction; Derrick A. Martin, Sergeant of Corr Off, Individually in their personal capacity for money damages and in their official capacities, for injunction; David G. Doughery, Jr., Sergeant of Corr Off, Individually in their personal capacity for money damages and in their official capacities, for injunction; Skinner C. Sturgis, Cat of Corr Off, Individually in their personal capacity for money damages and in their official capacities, for injunction; Benjamin P. Brako, Sergeant of Corr Off, Individually in their personal capacity for money damages and in their official capacities, for injunction; Gene E. Miller, Assistant Warden, Individually in their personal capacity for money damages and in their official capacities, for injunction, Defendants—Appellees. Case: 21-40009 Document: 00516143530 Page: 2 Date Filed: 12/23/2021 No. 21-40009 Appeal from the United States District Court for the Southern District of Texas USDC No. 2:20-CV-223 Before Elrod, Oldham, and Wilson, Circuit Judges. Per Curiam:* Michael Cardora Roberson, Texas prisoner # 2167695, has filed a motion for leave to proceed in forma pauperis (IFP) on appeal as a sanctioned litigant following the district court’s dismissal pursuant to 28 U.S.C. § 1915(g) of his 42 U.S.C. § 1983 action. Roberson argues, without elaboration, that he faces an imminent danger of serious physical injury. His speculative and conclusory allegation is insufficient to make the showing required to avoid application of the three strikes bar under § 1915(g). See Baños v. O’Guin, 144 F.3d 883, 884-85 (5th Cir. 1998). Accordingly, Roberson’s motion for leave to proceed IFP on appeal is DENIED. For the same reasons, his appeal from the district court’s dismissal of his § 1983 complaint is frivolous and is DISMISSED. See 5th Cir. R. 42.2; Baugh v. Taylor, 117 F.3d 197, 202 & n.24 (5th Cir. 1997). Roberson is WARNED that frivolous, repetitive, or otherwise abusive filings will invite the imposition of other sanctions, which may include dismissal, monetary sanctions, and restrictions on his ability to file pleadings in this court and any court subject to this court’s jurisdiction. See Coghlan v. Starkey, 852 F.2d 806, 817 n.21 (5th Cir. 1988). * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. 2
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