Roman v. Anthony

Case: 21-30109 Document: 00515874246 Page: 1 Date Filed: 05/24/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
May 24, 2021
No. 21-30109 Lyle W. Cayce
Summary Calendar Clerk
Junius Lee Roman, Jr.,
Plaintiff—Appellant,
versus
Drapper Anthony; Loyce Anthony; Tangala Robertson;
Iberia Medical Hospital,
Defendants—Appellees.
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 6:20-CV-1083
Before Clement, Elrod, and Haynes, Circuit Judges.
Per Curiam:*
Junius Lee Roman, Jr., a pretrial detainee (jail identification # 004122
and former Louisiana prisoner # 337840), has filed a motion for leave to
proceed in forma pauperis (IFP) on appeal from the district court’s dismissal
*
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opinion should not be published and is not precedent except under the limited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: 21-30109 Document: 00515874246 Page: 2 Date Filed: 05/24/2021
No. 21-30109
of his pro se 42 U.S.C. § 1983 complaint as frivolous and for failure to state a
claim. He is essentially challenging the district court’s certification that his
appeal is not taken in good faith. See Baugh v. Taylor, 117 F.3d 197, 202 (5th
Cir. 1997); 28 U.S.C. § 1915; Fed. R. App. P. 24(a)(3).
Roman alleges that he was transported to Iberia Medical Hospital after
inmate Drapper Anthony attacked him. He maintains that Anthony and his
relative, Loyce Anthony, bribed a nurse practitioner at the hospital, Tangala
Robertson, to implant a computer chip into his head while he was
unconscious. He contends that he has been unable to acquire evidence to
confirm the existence of the device, which Drapper has used to hack into the
functions of his nervous system.
The allegations of Roman are frivolous. See Denton v. Hernandez,
504 U.S. 25, 32-33 (1992). Also, Roman has not established that his
complaint sets forth a facially plausible claim for relief because he has failed
to allege facts or assert any argument addressing whether the defendants
acted under color of state law. See Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009);
Landry v. A-Able Bonding, Inc., 75 F.3d 200, 203-04 (5th Cir. 1996); see also
Brinkmann v. Dallas Cnty. Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir.
1987). Accordingly, Roman has failed to show that his appeal involves any
arguably meritorious issues. See Howard v. King, 707 F.2d 215, 220-21
(5th Cir. 1983). We therefore DENY his IFP motion and DISMISS the
appeal as frivolous. See Baugh, 117 F.3d at 202 n.24; 5th Cir. R. 42.2.
2