Pierce v. Collier ( 2021 )

Case: 20-20190 Document: 00515926931 Page: 1 Date Filed: 07/06/2021
United States Court of Appeals
for the Fifth Circuit
United States Court of Appeals
Fifth Circuit
FILED
July 6, 2021
No. 20-20190 Lyle W. Cayce
Summary Calendar Clerk
William Boyd Pierce,
Plaintiff—Appellant,
versus
Bryan Collier, Director, Texas Department of Criminal Justice,
Huntsville, Texas; Tony O’Hare, Regional Director, Huntsville;
David Dickerson, Warden, Estelle Unit; Tracy Hutto, Assistant
Warden, Estelle Unit; Medical Department, Estelle Unit,
Defendants—Appellees.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:19-CV-3194
Before Higginbotham, Jones, and Costa, Circuit Judges.
Per Curiam:*
William Boyd Pierce, Texas prisoner # 1208957, filed a pro se
42 U.S.C. § 1983 complaint, alleging that the defendants violated his civil
*
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opinion should not be published and is not precedent except under the limited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: 20-20190 Document: 00515926931 Page: 2 Date Filed: 07/06/2021
No. 20-20190
rights and seeking injunctive relief in the form of a transfer from the Estelle
Unit. The district court dismissed the complaint pursuant to 28 U.S.C.
§ 1915(e)(2)(B)(ii) for failure to state a claim on which relief may be granted
and assessed a strike pursuant to § 1915(g). Pierce appeals the district court’s
dismissal.
During the pendency of Pierce’s appeal, he was transferred from the
Estelle Unit. Accordingly, we do not reach the merits of his claims because
they have been mooted by his transfer. Pierce’s appeal is thus DISMISSED
as moot. See Herman v. Holiday, 238 F.3d 660, 665 (5th Cir. 2001).
The district court’s dismissal of Pierce’s complaint for failure to state
a claim counts as a strike under § 1915(g). See Coleman v. Tollefson, 575 U.S.
532, 537-40 (2015). Pierce has previously accumulated one strike. See Pierce
v. Collier, 843 F. App’x 619, 620 (5th Cir. 2021). Accordingly, Pierce is
WARNED that, if he accumulates three strikes, he may not proceed in
forma pauperis in any civil action or appeal filed while he is incarcerated or
detained in any facility unless he is under imminent danger of serious physical
injury. See § 1915(g).
2