REVISED June 13, 2017

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 16-30109

Summary Calendar

JAMES COLEMAN,

Plaintiff–Appellant,

versus

LINCOLN PARISH DETENTION CENTER; ANNA RAWSON; 

JIM TUTEN; R. JOHNSON; CECIL SMITH; 

DEPUTY WARDEN YELVERTON; CHAPLAIN DENTON; 

JIM FORDHAM; LIEUTENANT OTWELL; DEPUTY A. QUALLS

Defendants–Appellees.

Appeal from the United States District Court

for the Western District of Louisiana

Before JOLLY, SMITH, and GRAVES, Circuit Judges.

PER CURIAM:

James Coleman, Louisiana prisoner # 214322, appeals the dismissal of 

his 42 U.S.C. § 1983 complaint, which was filed in forma pauperis (“IFP”), as 

United States Court of Appeals

Fifth Circuit

FILED

May 24, 2017

Lyle W. Cayce

Clerk

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frivolous and for failure to state a claim.1 “When a district court dismisses a 

complaint both as frivolous and as failing to state a claim under 

§ 1915(e)(2)(B)(i) & (ii), we review the dismissal de novo.”2

This court affords pro se pleadings liberal construction.3 But even for 

pro se plaintiffs, such as Coleman, “conclusory allegations or legal conclusions 

masquerading as factual conclusions will not suffice” to state a claim for relief.4

By the time Coleman filed his original complaint, he had been transferred from the Lincoln Parish Detention Center (“LPDC”) to the Jefferson Parish Detention Center. That transfer mooted his claims for declaratory and 

injunctive relief under the Religious Land Use and Institutionalized Persons 

Act (“RLUIPA”),5 and the possibility of his transfer back to the LPDC is too 

speculative to warrant relief.6 In addition, RLUIPA does not authorize a 

private cause of action for compensatory or punitive damages against the 

appellees in their individual or official capacities.7

As for Coleman’s claim that his right to exercise his religion freely under 

the First Amendment was violated because he was not allowed to attend 

Jumu’ah prayer services, he has failed to allege any details regarding the 

circumstances of the denial of Jumu’ah prayer services (e.g., the regulation or 

policy) that would allow a court to evaluate his claim besides the bare 

allegation that he was not able to attend. Thus, the district court did not err 

 

1 See 28 U.S.C. §§ 1915(e)(2)(B), 1915A(b)(1).

2 Samford v. Dretke, 562 F.3d 674, 678 (5th Cir. 2009).

3 Haines v. Kerner, 404 U.S. 519, 520 (1972).

4 Taylor v. Books A Million, Inc., 296 F.3d 376, 378 (5th Cir. 2002) (internal quotation 

marks and citations omitted).

5 See Cooper v. Sheriff, Lubbock Cty., 929 F.2d 1078, 1084 (5th Cir. 1991).

6 See Herman v. Holiday, 238 F.3d 660, 665 (5th Cir. 2001).

7 Sossamon v. Lone Star State of Tex., 560 F.3d 316, 329–31 (5th Cir. 2009).

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in dismissing that claim.8

Coleman’s claims regarding the denial of medical care, negligent or deliberately indifferent infliction of injury, interference with his mail/denial of 

access to the courts, denial of equal protection, and retaliation were either not 

briefed at all or not adequately briefed. Thus, they are deemed abandoned.9

Finally, Coleman never filed a formal motion requesting leave to file his

proposed third amended complaint, and his “proposed order” accompanying 

that complaint did not qualify as such a motion because it offered no arguments 

as to why good cause authorized the filing of the complaint. The proposed third 

amended complaint thus had no legal effect.10 As a result, the following persons, though named in the proposed third amended complaint and in the 

caption of this appeal, are not parties to this lawsuit: (1) Deputy Warden Yelverton, (2) Chaplain Denton; (3) Jim Fordham; (4) Lieutenant Otwell; (5) Deputy A. Qualls; and (6) Jefferson Parish Detention Center. 

Accordingly, the judgment is AFFIRMED. Coleman’s motion for a proposed settlement is DENIED. 

The dismissal of the complaint counts as a strike under 28 U.S.C. 

 

8 See O’Lone v. Estate of Shabazz, 482 U.S. 342, 351–52 (1987).

9 See Yohey v. Collins, 985 F.2d 222, 224–25 (5th Cir. 1993) (stating that pro se appellants must brief arguments to preserve them); Brinkmann v. Dallas Cty. Deputy Sheriff 

Abner, 813 F.2d 744, 748 (5th Cir. 1987) (holding that an appellant’s failure to address the 

merits of a district court’s decision or to identify any error in its legal analysis was “the same 

as if he had not appealed that judgment”).

10 See Thomas v. Chevron, 832 F.3d 586, 590–91 (5th Cir. 2016) (explaining that a 

motion for leave to amend must set forth good cause); United States ex rel. Mathews v. 

HealthSouth Corp., 332 F.3d 293, 296 (5th Cir. 2003) (holding that failure to obtain leave to 

file an amended complaint when required “results in an amended complaint[’s] having no 

legal effect”); United States v. Jenkins, 780 F.2d 518, 520 (5th Cir. 1986) (stating that even 

pro se litigants must comply with relevant procedural rules).

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§ 1915(g).11 Coleman has at least three other strikes.12 As a result, he is 

BARRED from proceeding IFP in any civil action or appeal filed while he is 

incarcerated or detained in any facility unless he is under imminent danger of 

serious physical injury.13

 

11 See Adepegba v. Hammons, 103 F.3d 383, 387–88 (5th Cir. 1996).

12 (1) Coleman v. Stalder, No. 5:96-cv-916 (W.D. La. Mar. 31, 1997) (dismissing the 

§ 1983 complaint as frivolous); (2) Coleman v. Stalder, No. 5:95-cv-1380 (W.D. La. June 4, 

1996) (dismissing the § 1983 complaint as frivolous); and (3) Coleman v. McMahen, No. 5:92-

cv-97 (W.D. La. Sept. 24, 1992) (dismissing the § 1983 complaint for failure to state a claim). 

See Adepegba, 103 F.3d at 386 (holding that civil actions that were dismissed before enactment of the Prison Litigation Reform Act may count as strikes).

13 See § 1915(g).

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