Kabil Djenasevic v. DOJ

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:14-cv-14596 Copies to all parties and the district court/agency. [999602575]. Mailed to: Kabil Anton Djenasevic UNITED STATES PENITENTIARY LOMPOC 3901 Klein Boulevard Lompoc, CA 93436-0000. [15-6076]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6076

KABIL ANTON DJENASEVIC,
Plaintiff - Appellant,
v.
UNITED STATES DEPARTMENT OF JUSTICE; UNITED STATES FEDERAL
BUREAU OF PRISONS; FEDERAL CORRECTIONAL INSTITUTION BECKLEY
HEALTH SERVICE DEPARTMENT; DR. HUGHES, DDS; UNITED STATES OF
AMERICA,
Defendants - Appellees.

Appeal from the United States District Court for the Southern
District of West Virginia, at Beckley.
Irene C. Berger,
District Judge. (5:14-cv-14596)

Submitted:

May 29, 2015

Decided:

June 16, 2015

Before NIEMEYER, AGEE, and HARRIS, Circuit Judges.

Vacated and remanded by unpublished per curiam opinion.

Kabil Anton Djenasevic, Appellant Pro Se. John Fulton Gianola,
Assistant United States Attorney, Charleston, West Virginia, for
Appellees.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Kabil Anton Djenasevic appeals the district court’s order
dismissing his complaint.

The order noted that neither party

had filed objections to the recommendation of the magistrate
judge.

Djenasevic

also

appeals

the

district

court’s

order

denying his Fed. R. Civ. P. 59(e) motion to alter or amend the
judgment.

The court concluded that Djenasevic’s objections were

processed by prison authorities one day after the objections
were due and, therefore, were untimely.
Under the prison mailbox rule, the date an inmate delivers
a legal document to prison officials for mailing to the clerk of
court is considered the date of filing.
U.S. 266, 276 (1988).
Djenasevic

delivered

Houston v. Lack, 487

Because the relevant inquiry is the date
his

objections

to

prison

officials

for

mailing, not the date on which prison officials processed the
deposited mail, we vacate the district court’s orders and remand
for the district court to determine whether Djenasevic delivered
his objections
November
Djenasevic

3,

to

2014.

timely

prison
If
filed

officials
the
his

for

mailing

district

court

objections,

then

on

or

before

concludes

that

the

also

court

should review de novo the portions of the magistrate judge’s
recommendation to which Djenasevic specifically objected.

We

express no opinion on the ultimate disposition of Djenasevic’s
claims.
2

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We dispense with oral argument because the facts and legal
contentions

are

adequately

presented

in

the

materials

before

this court and argument would not aid the decisional process.

VACATED AND REMANDED

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