McCoy v. Newton

PRINCE MCCOY, SR.,
Plaintiff,
VS.
ANTHONY NEWTON,
Defendant.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
§
§
§
§
§ 	CIVIL ACTION NO. 4:26-CV-01986
§
§
§
§
ORDER OF DISMISSAL
Plaintiff Prince McCoy, Sr. (TDCJ #00852958) is an inmate in custody of the Texas
Department of Criminal Justice ( "TDCJ") at the Polunsky Unit. 	Plaintiff filed this action
under 42 U.S.C. § 1983, alleging that a TDCJ official at the Estelle Unit violated his civil
rights. 	He has not paid the filing fee and presumably seeks leave to proceed in forma
pauperis. 	After reviewing the pleadings and relevant court records, the Court concludes
that this case must be dismissed under 28 U.S.C. § 1915(g).
I. 	DISCUSSION
Under the "three strikes" provision in 28 U.S.C. § 1915(g), a prisoner is not allowed
to bring a civil action in forma pauperis in federal court if, while incarcerated, three or
more of his civil actions or appeals were dismissed as frivolous, malicious, or for failure to
state a claim for which relief may be granted, unless he is in "imminent danger of serious
physical injury." 	Id. 	Once a prisoner has accumulated three qualifying dismissals or
strikes for purposes of§ 1915(g), he may not proceed without prepayment of the filing fee
l,
United States District Court
Southern District of Texas
ENTERED
July 24, 2026
Nathan Ochsner, Clerk
Case 4:26-cv-01986 Document 7 Filed 07/24/26 in TXSD Page 1 of 2

unless he fits within the imminent-danger exception at the time his complaint is filed. 	See
Banos v. 0 'Guin, 144 F.3d 883 , 885 (5th Cir. 1998).
Plaintiff is a "thr ee strikes" inmate who is barred from proceeding informa pauperis
pursuant to section 191 S(g). 	See, e.g., McCoy v. Norwood, et al., Appeal No. 19-10789
(5th Cir. Aug. 27, 2020) ( di smissed as frivolous) ; McCoy v. Stokes, et al., Civ. No. 2:18-
cv-153 (N.D . Tex. Jun. 14, 2021) (dismissing case as frivolous); McCoy v. Delone, et al. ,
Civ. No. 1:20 -c v-484 (E.D. Tex. Mar. 21, 2023) (dismissing case for failure to state a
claim). 	The pleadings in this case do not show that Plaintiff is under imminent danger of
se rious physical injury or that he fits within the exception found in 28 U .S .C. § 1915(g).
Because Plaintiff is not eligible to proceed in forma pauperis, the Court will dismiss the
complaint without prejudice as barred by § 191 S(g).
II. 	ORDER
Based on the foregoing, the Co urt ORDERS as follows:
1. 	This case is DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(g).
2. 	All pending motions, if any, are DENIED as MOOT.
The Clerk will enter this Order, providing a correct copy to all parties of record.
I) L--J -r-SIGNED at Houston, Texas, this __c::7'>__ day of July 2026.
~lh
ANDREW S. HANEN
UNITED STATES DISTRJCT illDGE
2
Case 4:26-cv-01986 Document 7 Filed 07/24/26 in TXSD Page 2 of 2