In a prior appeal of the dismissal of Alcoser's initial ยง 1983 complaint, we vacated and remanded Alcoser's case after determining that the district court erred by dismissing some of Alcoser's claims as time barred without giving him notice and an opportunity to address the time-bar issue. Alcoser v. Ford, 830 Fed.Appx. 743, 743-44 (5th Cir. 2020) (per curiam). After considering Alcoser's arguments against application of the time bar and his amended complaint, the district court again dismissed the same claims as time barred.
Thus, the Magistrate Judge reasoned that a claim based on prescribing the medication would be barred by the statute of limitations. Id. (citing Alcoser v. Ford, 830 Fed.Appx. 743, 744 (5th Cir. 2020)). In addition, the Magistrate Judge explained that Plaintiff's claim on this point was frivolous because Plaintiff failed to show that prescribing him Haldol was an act of deliberate indifference.