# United States Court **of Appeals**  **f or the Fifth Circuit** 

**____________**
No. 23

- 10255 Summary Calendar

**____________ Stephen Barnes,** 

Plaintiff

— Appellant **,**

versus

**James Walters; Andre Salone; Stephen Holt; Dallas VA Medical Center,** 

Defendants

— Appellees

**.**

**______________________________** Appeal from the United States District Court for the Northern District of Texas USDC No. 3:21

- CV

- 30 99

**______________________________**
Before **Smith, Southwick,** and **Wilson,** Circuit Judges

**. Per Curiam**  **:** *****
Stephen Barnes , pro se plaintiff

- appellant, moves for leave to proceed in forma pauperis (IFP) in his appeal of the district court’s dismissal of his civil complaint for failure to state a claim

. See 28 U.S.C. § 1915 (e)(2)(B)(ii)

. In his complaint and on appeal, he claimed that his employer

— the Dallas Depa rtment of Veterans Administration Medical Center

— and individuals

**_____________________**

* This opinion is not designated for publication. See **5th Cir**

**. R** 

**.** 47.5. United States Court of Appeals Fifth Circuit 

### FILED November 27, 2023 Lyle W. Cayce Clerk Case: 23-10255 Document: 00516980204 Page: 1 Date Filed: 11/27/2023No. 23

- 10255

2 who worked there engaged in age

- based employment discrimination, retaliation, and wrongful termination against him pursuant to the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 62 1

- 634.
To proceed IFP, Barnes must demonstrate financial eligibility and a nonfrivolous issue for appeal. See Jackson v. Dall. Police Dep’t , 811 F.2d 260, 261 (5th Cir. 1986)

. We review de novo a dismissal for failure to state a claim
pursuant to § 1915(e)(2)(B) (ii)

. Harris v. Hegmann , 198 F.3d 153, 156 (5th Cir. 1999). A plaintiff fails to state a claim upon which relief can be granted when the claim does not contain “enough facts to state a claim to relief that is plausible on its face.” In re Katrina Canal Breaches Litig. , 495 F.3d 191, 205 (5th Cir. 2007) ( internal quotation marks and citation omitted ). “ Where a complaint pleads facts that are merely consistent with a defendant ’ s liability, it stops short of the line between pos sibility and plausibility of entitlement to
relief.” Ashcroft v. Iqbal , 556 U.S. 662, 678 (2009) (internal quotation marks and citation omitted).
With respect to his age discrimination claim, Barnes failed to allege his “qualifications for the promotions, ” as well as “what the positions actually were and what the ages and qualifications were of those who were given promotions. ” Norsworthy v. Hous

. Indep. Sch. Dist. , 70 F.4th 332, 337 (5th Cir. 2023). As to the retaliation claim, he failed to “allege fact s that could show a causal link between any alleged protected activities (such as filing grievances) and the alleged adverse actions (such as failures to promote).” Id

. Because Barnes has not demonstrated that his appeal involves “legal points arguable on their merits,” his motion to proceed IFP is **DENIED** , and his appeal is **DISMISSED** as frivolous. Howard v. King , 707 F.2d 215, 220 (5th Cir. 1983) (internal quotation marks and citation omitted); see Baugh v. Taylor , 117 F.3d 197, 202 n.24 (5th Cir. 1997) ; **5 th**  **C ir**  **. R.** 42.2. Case: 23-10255 Document: 00516980204 Page: 2 Date Filed: 11/27/2023