United States Court of Appeals

for the Fifth Circuit

No. 21-40009

Summary Calendar

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.

United States Court of Appeals

Fifth Circuit

FILED

December 23, 2021

Lyle W. Cayce

Clerk

Case: 21-40009 Document: 00516143530 Page: 1 Date Filed: 12/23/2021
No. 21-40009

2

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.

Case: 21-40009 Document: 00516143530 Page: 2 Date Filed: 12/23/2021