Moore v. Collier ( 2022 )

Case: 20-20616 Document: 00516342242 Page: 1 Date Filed: 06/02/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
June 2, 2022
No. 20-20616
Lyle W. Cayce
Summary Calendar Clerk
Michael Anthony Moore,
Plaintiff—Appellant,
versus
Bryan Collier, Individually and his Official Capacity as Executive
Director of Texas Department of Justice; Dale Wainwright,
Individually and his Official Capacity as Chairman of the Texas Board of
Criminal Justice; J. Reed, Individually and his Official Capacity as Captain
for Eastham Unit for Texas Department of Justice; C. Farrell,
Individually and his Official Capacity as Captain for Eastham Unit for Texas
Department of Justice; B. Coffman, Individually and his Official Capacity
as Captain for Disciplinary for Eastham Unit for Texas Department of Justice,
Defendants—Appellees.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:20-CV-2777
Before Southwick, Graves, and Costa, Circuit Judges.
Case: 20-20616 Document: 00516342242 Page: 2 Date Filed: 06/02/2022
No. 20-20616
Per Curiam:*
Michael Anthony Moore, Texas prisoner # 487939, 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).
Moore asserts that he fears prison guards will assault him and that he will
not receive adequate medical care. These speculative assertions do not
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. See Baños
v. O’Guin, 144 F.3d 883, 885 (5th Cir. 1998). Moore 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 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, Moore’s IFP motion is DENIED, and the appeal
is DISMISSED as frivolous. See id.; Baugh, 117 F.3d 202 n.24; 5th Cir.
R. 42.2. Moore’s motion for appointment of counsel is also DENIED.
Moore 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).
*
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.
2