McCoy v. Landry et al

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS
JAMES MCCOY, §
§
Plaintiff, §
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versus § CIVIL ACTION NO. 1:25-CV-428
§
MYKISHA LANDRY, et al., §
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Defendants. §
ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Plaintiff James McCoy, a prisoner currently confined at the Luther Unit of the Texas
Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this
civil rights action pursuant to 42 U.S.C. § 1983.
The court referred this matter to the Honorable Christine L. Stetson, United States
Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders
of this court. On October 27, 2025, the magistrate judge recommended denying Plaintiff’s Motion
for Leave to Proceed In Forma Pauperis pursuant to 28 U.S.C. § 1915(g) because Plaintiff has
accumulated three “strikes,” and he did not show that he was in imminent danger at the time he
filed this action. Proper notice was sent to Plaintiff at his last known address. See FED. R. CIV.
P. 5(b)(2)(C). To date, the parties have not filed objections to the magistrate judge’s Report and
Recommendation.
The court received and considered the Report and Recommendation of United States
Magistrate Judge pursuant to such referral, along with the record, pleadings and all available
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evidence. After careful review, the court finds that the findings of fact and conclusions of law of
the United States Magistrate Judge are correct.
Although he did not object to the Report and Recommendation, Plaintiff requested an
extension of time to pay the filing fee. Because he has had more than ninety days in which to pay
the filing fee since this action was filed, the Motion for Extension of Time should be denied, and
Plaintiff shall have fourteen days from the date of this Order to pay the filing fee.
Accordingly, the findings of fact and conclusions of law of the magistrate judge are
correct, and the Report and Recommendation of United States Magistrate Judge (#5) is
ADOPTED. Plaintiff’s Motion for Leave to Proceed In Forma Pauperis (#2) and Motion to
Bypass Three Strike Bar (#4) are DENIED. Plaintiff’s Motion for Extension of Time to Pay
Filing Fee (#9) is DENIED. Plaintiff shall have fourteen days from the date of this Order in
which to pay the filing fee of $405.00.
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________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE
SIGNED at Beaumont, Texas, this 4th day of December, 2025.
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