United States Court of Appeals 

for the Fifth Circuit 

No. 22-10072 

Summary Calendar 

Joe Angel Acosta, III, also known as Jose Angel Acosta, 

Plaintiff—Appellant, 

versus

Doctor Christine O’Connor; Doctor NFN Ho; T. 

Williams, Nurse; NFN Wallace, FNA; D. Carrizales; Paul 

Burch, PA; Current Senior Warden of Clements Unit; 

Lorie Davis, Director, Texas Department of Criminal Justice, Correctional 

Institutions Division, 

Defendants—Appellees. 

Appeal from the United States District Court 

for the Northern District of Texas 

USDC No. 2:19-CV-17

Before Elrod, Graves, and Ho, Circuit Judges.

Per Curiam:*

*

 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opinion should not be published and is not precedent except under the limited 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. 

United States Court of Appeals 

Fifth Circuit 

FILED 

August 26, 2022 

Lyle W. Cayce 

Clerk 

Case: 22-10072 Document: 00516449255 Page: 1 Date Filed: 08/26/2022
Joe Angel Acosta, III, Texas prisoner # 1844468, moves for leave to 

appeal in forma pauperis (IFP) from the dismissal of his civil action as barred 

under 28 U.S.C. § 1915(g). 

Acosta asserts that deterioration of his vision from lack of treatment 

is a serious medical condition that puts him in imminent danger of physical 

harm and that because the defendants have refused to accommodate him 

under the Americans with Disabilities Act, he is at risk of further injury to his 

eyes should prison guards or other inmates throw chemical agents or foreign 

objects through the food slot to his cell. Acosta was housed in the Clements 

Unit when he filed his civil action, was housed in the Ferguson Unit when he 

filed his notice of appeal and the instant IFP motion, and is currently housed 

in the Estelle Unit. He has also received the cornea transplant he advocated 

for in his civil action. 

To the extent that in this court Acosta has claimed imminent danger 

based on specific issues or conditions at a unit other than where he was 

housed when he sought to file his complaint in district court, sought to 

proceed with his appeal, or moved to proceed IFP, he cannot establish that 

he is under imminent danger of physical injury based on those issues. See

Baños v. O’Guin, 144 F.3d 883, 885 (5th Cir. 1998). To the extent that his 

allegation of imminent danger from not receiving treatment for his cornea 

involves a past event that does not implicate possible ongoing harm, he has 

not alleged an imminent danger of serious physical injury. Id. Moreover, to 

the extent that he has made conclusory and speculative assertions about his 

medical condition and conditions of confinement, he fails to allege, much less 

establish, that he faced imminent danger of serious physical injury at the time 

that he filed his complaint, appeal, or IFP motion. Id. 

Consequently, Acosta has not shown that he is entitled to proceed IFP 

on appeal. See § 1915(g); Baños, 144 F.3d at 884. He has likewise not shown 

Case: 22-10072 Document: 00516449255 Page: 2 Date Filed: 08/26/2022
No. 22-10072 

3 

that the district court erred by dismissing the complaint without prejudice 

based on the three strikes bar. See Baños, 144 F.3d at 885. Accordingly, 

Acosta’s IFP motion is DENIED, and the appeal is DISMISSED as 

frivolous. See id.; Baugh v. Taylor, 117 F.3d 197, 202 n.24 (5th Cir. 1997); 5th 

Cir. R. 42.2. Acosta’s motion for appointment of counsel is also 

DENIED. 

Acosta is again reminded that, because he has three strikes, 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. See § 1915(g). He is also WARNED that any 

pending or future frivolous or repetitive filings in this court or any court 

subject to this court’s jurisdiction will subject him to additional sanctions. 

See Coghlan v. Starkey, 852 F.2d 806, 817 n.21 (5th Cir. 1988). 

Case: 22-10072 Document: 00516449255 Page: 3 Date Filed: 08/26/2022