McCoy, Sr. v. Alamu, No. 18-40856 (5th Cir. 2021)

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This opinion or order relates to an opinion or order originally issued on February 11, 2020.

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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 McCoy v. * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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
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