McCoy, Sr. v. Alamu ( 2021 )

Case: 18-40856 Document: 00515810717 Page: 1 Date Filed: 04/06/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
April 6, 2021
No. 18-40856
Lyle W. Cayce
Clerk
Prince McCoy, Sr.,
Plaintiff—Appellant,
versus
Mr. Alamu,
Defendant—Appellee.
Appeal from the United States District Court
for the Southern District of Texas
No. 3:17-CV-235
ON REMAND FROM
THE SUPREME COURT OF THE UNITED STATES
Before Jolly, Smith, and Costa, Circuit Judges.
Per Curiam:*
This court affirmed in regard to the plaintiff’s claims brought under
42 U.S.C. § 1983 alleging violation of the Eighth Amendment. McCoy v.
*
Pursuant to 5th Circuit Rule 47.5, the court has determined that this opin-
ion should not be published and is not precedent except under the limited circumstances
set forth in 5th Circuit Rule 47.5.4.
Case: 18-40856 Document: 00515810717 Page: 2 Date Filed: 04/06/2021
No. 18-40856
Alamu, 950 F.3d 226 (5th Cir. 2020). Judge Costa dissented in part. Id.
at 234. On petition for writ of certiorari, the Supreme Court vacated and
remanded “for further consideration in light of Taylor v. Riojas, 592 U.S.
___, 141 S. Ct. 52, 208 L. Ed. 2d 164 (2020).” McCoy v. Alamu, No. 20-31,
2021 U.S. LEXIS 768 (U.S. Feb. 22, 2021) (per curiam).
This matter is REMANDED in its entirety to the district court in
accordance with the judgment of the Supreme Court. We express no view as
to what proceedings the court should conduct on remand or what decisions
it should make. The mandate shall issue forthwith.
2