United States Court of Appeals

for the Fifth Circuit ____________

No. 22-60677

____________

Reggie Wilburn, 

Plaintiff—Appellant,

versus

Shawn Word, Oktibbeha County Jail Administrator, 

Defendant—Appellee.

______________________________

Appeal from the United States District Court 

for the Northern District of Mississippi

USDC No. 4:22-CV-56

______________________________

Before Higginbotham, Duncan, and Wilson, Circuit Judges.

Per Curiam:*

Reggie Wilburn, Mississippi prisoner # L6954, filed a 42 U.S.C. 

§ 1983 complaint for an injury sustained during a slip and fall accident while 

detained in the Oktibbeha County Jail. The district court dismissed the 

complaint with prejudice for failure to state a claim upon which relief may be 

granted. See 28 U.S.C. § 1915(e)(2)(B)(ii). The district court also denied 

Wilburn postjudgment motions for recusal and reconsideration. See 28 

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* This opinion is not designated for publication. See 5th Cir. R. 47.5.

United States Court of Appeals

Fifth Circuit

FILED

March 16, 2023

Lyle W. Cayce

Clerk

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No. 22-60677

2

U.S.C. §§ 144 & 455; Fed. R. Civ. P. 59(e). Wilburn has now filed a 

motion for authorization to proceed in forma pauperis (IFP) on appeal, which 

constitutes a challenge to the district court’s certification that any appeal 

would not be taken in good faith because Wilburn will not present a 

nonfrivolous appellate issue. See Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir. 

1997). 

Wilburn makes the conclusional assertion that the magistrate judge

erred in denying his § 1983 action without conducting a Spears1 hearing or 

reviewing his medical records. He also makes the conclusional assertion that 

the magistrate judge was biased. Wilburn, however, makes no attempt to 

meaningfully brief a substantive argument with respect to his claim alleging 

unconstitutional conditions of confinement. He also fails to adequately 

challenge the determination that his claim was prescribed and, alternatively, 

that he failed to state a claim of supervisory liability against the defendant. 

As such, Wilburn’s claims with respect to his § 1983 complaint and 

postjudgment motions are deemed abandoned. See Yohey v. Collins, 985 F.2d 

222, 224-25 (5th Cir. 1993); Brinkmann v. Dallas Cnty. Sheriff Abner, 813 

F.2d 744, 748 (5th Cir. 1987).

The appeal is without arguable merit and is thus frivolous. See Howard 

v. King, 707 F.2d 215, 220 (5th Cir. 1983). Wilburn’s motion to proceed IFP 

on appeal is DENIED, and the appeal is DISMISSED. See 5th Cir. R.

42.2. The dismissal as frivolous of this appeal counts as a strike under 28 

U.S.C. § 1915(g). See Adepegba v. Hammons, 103 F.3d 383, 388 (5th Cir. 

1996), abrogated in part on other grounds by Coleman v. Tollefson, 575 U.S. 532, 

537 (2015). In addition, the district court’s dismissal of his original complaint 

for failure to state a claim upon which relief may be granted also counts as a 

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1 Spears v. McCotter, 766 F.2d 179 (5th Cir. 1985).

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strike. See § 1915(g); Adepegba, 103 F.3d at 388. Wilburn is WARNED that 

if he accumulates three strikes, he will no longer be allowed to proceed IFP 

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).

Case: 22-60677 Document: 00516679500 Page: 3 Date Filed: 03/16/2023