### IN THE UNI TED STAT ES COURT OFAPPEALS FOR THE FIF TH CIRCU IT

No. 11-40262 Summary Calendar

CLAY BENTLEY LABORDE, Plaintiff-Appellant

v. DAN LOWE, Nurse; UNIDENTIFIED LINDSEY, Nurse; GEORGE FLOWERS, Jail Administrator, Defendants-Appellees

Appeals from the United States District Court for the Eastern District of Texas USDC No. 6:10-CV-156

Before JONES, Chief Judge, and BENAVIDES and GRAVES, Circuit Judges. PER CURIAM: * Clay Bentley LaBorde, Texas prisoner # 1682473, appeals the magistrate judge’s dismissal of his 42 U.S.C. § 1983 action as frivolous an d for failure to state a claim. The parties consented to allow the magistrate judge to ent e r a final judgment pursuant to 28 U.S.C. § 636(c). If La B o r d e ’s brief is liberally construed, he argues that the magistrate judge erred in dismissing his claim that the d e f e n d a nts were deliberately

U n i te d S ta te s C o u rt o f A p p ea l s

F i ft h C i rc u i t 

### F I L E D June 22 , 20 12 Lyle W . Cayce Clerk

Purs uant to 5 T H C IR

. R. 47.5 , the cour t has d ete rm inedt hat this op inion sho uld not * be publ ish ed and is not pr ece dent excep t unde r the lim ite d cir cum st ance s se t forth in 5 T H C IR

. R. 47.5 .4. Case: 11-40262 Document: 00511896179 Page: 1 Date Filed: 06/22/2012No. 11-40262

indifferent to his serious medical need for prescription medication for his high blood pressure. See Haines v. Kerner , 404 U.S. 519, 520 (1972). The magistrate judge did n o t e r r in dismissing LaBorde’s claim. During the period at issue, LaBorde was a pretrial detainee at the Van Zandt County Jail. Laborde received extensive medical care and numerous prescription medications; he h a s not sh o w n any intentional delay or refusal to provide him with medical treatment for his high blood pressure or any other medical condition for which he requested treatment. See Hare v. City of Corinth, Miss. , 74 F.3d 633, 639 (5th Cir. 1996) (en banc). At most, he has established a disagr e ement with his treatment, unsuccessful treatment, or n e gli ge nc e , which does not amount to a constitutional violation. See Mace v. City of Palestine , 333 F.3d 621, 626 (5th Cir. 2003). Therefore, he has not shown that the Nurses Dan Lowe a n d L i n d sey Brignac

were deliberately indif f erent to his serious medical needs. See id. Because George Flo w e r s was not directly involved in LaBorde’s medical treatment, LaBorde has not shown that the magistrate judge erred in dismissing his claim against Flowers. See Mesa v. Prejean , 543 F.3d 264, 274 (5th Cir. 200 8). By failing to ra i s e t he arguments concerning interference with his legal mail and retaliation, LaBorde has abandoned these claims on appeal. See Yohey

v. Collins , 985 F.2d 222, 224-25. We will not consider LaBorde’s claims raised for the first time on appeal concerning violatio n s of his rights to due process, equal protection, and effective assistance of counsel. See Leverette v. Louisville Ladder Co. , 183 F.3d 339, 342 (5th Cir. 1999). Finally, because LaBorde has not shown exceptional circumstances that warrant the appointment of counsel, his request for appointment of counsel is denied. See Santana v. Chandler , 961 F.2d 514, 515-16 (5th Cir. 1992). The magistrate judge’s dismissal o f LaBorde’s § 1983 complaint as frivolous and for failure to state a claim coun t s a s a s t rike for purposes of 28 U.S.C. § 1915(g). See Adepegba v. Hammons , 103 F.3d 383, 387-88 (5th Cir. 1996). LaBorde is CAUTIONED that if he accumulates three strikes, he will not
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be allowed to proceed in forma pauperis in any civil action or appeal unless he is under imminent danger of serious physical injury. See§ 1915(g). AFFIRMED; SANCTION WARNING ISSUED.

3 Case: 11-40262 Document: 00511896179 Page: 3 Date Filed: 06/22/2012