# United States Court **of Appeals** 
**f or 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,**  Ca t 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 i n 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

L yle W. Cayce Clerk Case: 21-40009 Document: 00516143530 Page: 1 Date Filed: 12/23/2021No. 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 reason s , 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 th is 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 Cir cuit**  **R ule**  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 Cir cuit**  **R ule**  47.5.4. Case: 21-40009 Document: 00516143530 Page: 2 Date Filed: 12/23/2021