McCoy v. Helm et al

PRINCE McCOY,
(TDCJ # 00852958),
Plaintiff,
vs.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
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§ 	CIVIL ACTION NO. H-25-6393
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JENNIFER HELM, et al.,
Defendants.
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MEMORANDUM OPINION AND ORDER
Prince McCoy, (TDCJ #00852958), is currently incarcerated at the Estelle
Unit 	of the 	Texas 	Department 	of Criminal 	Justice-Correctional 	Institutions
Division. Proceedingpro se, he filed a civil rights complaint under 42 U.S.C. § 1983
against multiple TDCJ officials relating to an incident that occurred on April 30,
2025. (Dkt. 1). McCoy alleges claims for excessive force, retaliation, and deliberate
indifference to the injuries he suffered. 	(Id.). 	In addition, he alleges that the
defendants brought false disciplinary charges against him because of the incident
and refused to process his grievances. 	(Id.). 	McCoy also filed a motion seeking
leave to proceed in forma pauperis, but he did not include a certified copy of his
inmate trust fund account statement as required by 28 U.S.C. § 1915(a). 	(Dkt. 2).
Because McCoy is no longer entitled to proceed in forma pauperis, his action is
United States District Court
Southern District of Texas
ENTERED
January 13, 2026
Nathan Ochsner, Clerk
Case 4:25-cv-06393 Document 5 Filed 01/12/26 in TXSD Page 1 of 5

dismissed as explained below.
I. 	DISCUSSION
McCoy is incarcerated, so his action is governed by the Prison Litigation
Reform Act (PLRA), which was enacted, in part, to prevent prisoners from abusing
the privilege of proceeding informa pauperis. See Coleman v. Tollefson, 575 U.S.
532, 535 (2015) (citing Jones v. Bock, 549 U.S. 199,204 (2007)). Under the "three-
strikes rule" established in the PLRA, a prisoner may not bring a civil action informa
pauperis if, while he has been incarcerated, three or more of his civil actions or
appeals have been dismissed as frivolous, malicious, or for failure to state a claim
upon which relief may be granted, unless he is in "imminent danger of serious
physical injury." 28 U.S.C. § 1915(g).
Court records reflect that, since McCoy has been incarcerated, he has filed at
least three civil actions and appeals that the courts have dismissed as frivolous or for
failing to state a claim upo·n which relief could be granted. See McCoy v. Norwood,
et al., Appeal No. 19-10789 (5th Cir. Aug. 27, 2020) (dismissed as frivolous);
McCoy v. Stokes, et al., Civil No. 2:18-cv-153 (N.D. Tex. June 14, 2021) (dismissed
as frivolous); McCoy v. 	Vogelgesang, et al., No. 2:19-cv-24 (N.D. Tex. Feb. 18,
2022) (dismissed for failing to state a claim); McCoy v. Delone, et al., No. 1:20-cv-
484 (E.D. Tex. Mar. 21, 2023) (dismissed for failing to state a claim); McCoy v.
Woodward, et al., No. l:21-cv-166 (E.D. Tex. Nov. 16, 2023) (dismissed for failing
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tostateaclaim);McCoyv. Turner, etal.,No. l:21-cv-223 (E.D. Tex.Dec.11,2023)
(dismissed for failing to state a claim); McCoy v. Newton, et al,, No. l:21-cv-211
(E.D. Tex. July 19, 2024) (dismissed as frivolous and for failing to state a claim);
McCoy v. Boyce, et al., No. l:21-cv-281 (E.D. Tex. July 19, 2024) (dismissed as
•.
frivolous and for failing to state a claim); McCoy v. Keal, et al., No. l:21-cv-192
(E.D. Tex. Aug. 26, 2024) (dismissed for failing to state a claim). 	As a result of
these prior filings, McCoy may not proceed with this civil action in forma pauperis
unless his pleadings show that he is in imminent danger of serious physical injury.
See 28 U.S.C. § 1915(g); Banos v. O'Guin, 144 F.3d 883, 884 (5th Cir. 1998) (per
curiam).
The imminent-danger exception "operates as a safety valve to ensure that,
despite the filing of frivolous lawsuits in the past, an abusive inmate facing future
imminent serious physical injury by prison officials will still be able to pursue a
judicial remedy to prevent such injury." 	Castillo v. Bickham, No. 14-2917, 2015
WL 251708, at *3 (E.D. La. Jan. 20, 2015). To fall within the exception, the inmate
must be in imminent danger of serious physical injury when he files his complaint
in the district court. 	See Banos, 144 F.3d at 884-85. 	The threat of injury must be
"real and proximate," Ciarpaglini v. Saini, 352 F.3d 328, 330 (7th Cir. 2003), and
the inmate must be facing "a genuine emergency" in which "time is pressing."
Heimermann v. Litscher, 337 F.3d 781, 782 (7th Cir. 2003) (per curiam); see also
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Abdul-Akbar v. McKelvie, 239 F.3d 307, 313 (3d Cir. 2001) ('"Imminent' dangers
are those dangers which are about to· occur at any moment or are impending[, and]
[s]omeone whose danger has passed cannot reasonably be described as someone
who 	'is' 	in· danger, 	nor 	can 	that 	past 	danger 	reasonably 	be 	described 	as
'imminent~'"). 	Allegations of past harm do not trigger the exception. 	See Choyce
v. Dominguez, 160 F.3d 1068, 1070 (5th Cir. 1998) (per curiam); Stine v. Fed.
Bureau ofPrisons Designation & Sentence Computation Unit, No. 3:13-cv-4253-B,
2013 WL 6640391, at* 1 (N.D. Tex. Dec. 17, 2013).
McCoy's complaint, which seeks money damages based on alleged violations
of his rights in April and May 2025, contains only allegations of past harm. He does
not allege facts showing that he is in imminent danger of serious physical injury·
from the defendants at this time, and so he does not fall within the imminent-danger
exception to the three-strikes rule. Therefore, because of his prior filings, McCoy is
not entitled to proceed in forma pauperis in this action.
II. 	CONCLUSION
Based on the foregoing, the Court ORDERS as follows:
1. The 	prisoner 	civil 	rights 	action 	filed 	by 	Prince 	McCoy, 	(Dkt. 	1), 	1s
DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(g).
2. All pending motions are DENIED as moot.
3. McCoy may move to reinstate this case orily if he pays the full amount of the
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filing fee for a civil action ($405.00) within 30 days from the date of this
Order.
The Clerk will provide a copy of this Order to the plaintiff. 	The Clerk will
also provide a copy of this order to tlie Manager of the Three Strikes List for
the Southern District of Texas at: Three_Strikes@txs.uscourts.gov.
SIGNED at Houston, Texas on 	~ 	. 	I'.l.. 	, 2026.
~.___~=,,
DAVID I-IlTTNER
UNITED STATES DISTRICT JUDGE
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