Reginald Tayborn v. Eric Higgins, Sheriff, Pulaski County

United States Court of Appeals
For the Eighth Circuit
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No. 24-2618
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Reginald Tayborn
lllllllllllllllllllllPlaintiff - Appellant
v.
Eric Higgins, Sheriff, Pulaski County; C. Hendrick, Assistant Sheriff, Pulaski County
lllllllllllllllllllllDefendants
Donzell Lewis, Deputy/Jailer, Pulaski County Jail
lllllllllllllllllllllDefendant - Appellee
Holmes, Deputy/Jailer, Pulaski County Jail
lllllllllllllllllllllDefendant
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Appeal from United States District Court
for the Eastern District of Arkansas - Central
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Submitted: May 7, 2025
Filed: May 12, 2025
[Unpublished]
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Before BENTON, ERICKSON, and KOBES, Circuit Judges.
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PER CURIAM.
Arkansas inmate Reginald Tayborn appeals following the adverse grant of
summary judgment in his 42 U.S.C. § 1983 action. After careful review, we conclude
that even assuming Tayborn has sufficiently challenged the district court’s1
determination that he failed to exhaust his administrative remedies before filing this
action, the court did not err by concluding he failed to do so. See 42 U.S.C.
§ 1997e(a) (exhaustion requirement); Manning v. Ryan, 13 F.4th 705, 707 n.2 (8th
Cir. 2021) (per curiam) (indicating that points not meaningfully argued on appeal are
waived); see also Porter v. Sturm, 781 F.3d 448, 451 (8th Cir. 2015) (reviewing grant
of summary judgment de novo); Muhammad v. Mayfield, 933 F.3d 993, 997-98, 1003
(8th Cir. 2019) (concluding that inmate did not exhaust administrative remedies when
he failed to appeal grievances according to grievance procedure). We further
conclude that the court did not abuse its discretion by denying his post-judgment
motion for relief. See Wagstaff & Cartmell, LLP v. Lewis, 40 F.4th 830, 842-43 (8th
Cir. 2022) (explaining the standard of review).
Accordingly, we affirm the judgment, deny Tayborn’s motion for appointment
of counsel, and deny as moot his motion to proceed with trial. See 8th Cir. R. 47B.
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1The Honorable Patricia S. Harris, United States Magistrate Judge for the
Eastern District of Arkansas, to whom the case was referred for final disposition by
consent of the parties pursuant to 28 U.S.C. § 636(c).
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