Daniel Lanahan v. Clifton Perkins Hospital Ctr

Filing

OPINION/ORDER DIRECTING LIMITED REMAND [4CCA retains jurisdiction]. Remanding case for limited purpose [4cca retains jurisdiction] Originating case number: 1:15-cv-02512-JFM. Copies to all parties and the district court/agency. Mailed to: D. Lanahan. [999919594] [16-6948]

Appeal: 16-6948

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-6948

DANIEL THOMAS LANAHAN,
Plaintiff - Appellant,
v.
CLIFTON T. PERKINS HOSPITAL CENTER; DR. KHLID EL SAYED; DR.
KOWAN; DR. HELSEL,
Defendants - Appellees.

Appeal from the United States District Court for the District of
Maryland, at Baltimore.
J. Frederick Motz, Senior District
Judge. (1:15-cv-02512-JFM)

Submitted:

August 25, 2016

Decided:

August 30, 2016

Before NIEMEYER, DIAZ, and FLOYD, Circuit Judges.

Remanded by unpublished per curiam opinion.

Daniel Thomas Lanahan, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Daniel Thomas Lanahan seeks to appeal the district court’s
order dismissing his 28 U.S.C. § 2241 (2012) petition * without
prejudice for lack of exhaustion.

The notice of appeal was

received in the district court after expiration of the appeal
period.

Because Lanahan is confined in a Maryland institution

responsible for evaluating the competency of criminal defendants
to stand trial, his notice of appeal is considered filed as of
the date it was deposited in the institution’s internal mailing
system.

See Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S.

266, 276 (1988); Jones v. Blanas, 393 F.3d 918, 926-27 (9th Cir.
2004) (explaining that the mailbox rule embodied in Rule 4(c)
“applies broadly to any inmate confined in an institution” and
that

there

are

“no

express

limitation[s]

of

the

rule’s

application to prisoners, or to penal institutions” (internal
quotation

marks

omitted)).

The

record

does

not

reveal

when

Lanahan gave his notice of appeal to institution officials for
mailing.
purpose

Accordingly,
of

allowing

we
the

remand

the

district

case
court

for
to

the

limited

obtain

this

information from the parties and to determine whether the filing
was

timely

under

Fed.

R.

App.

*

P.

4(c).

The

record,

as

The district court construed Lanahan’s civil complaint as
seeking relief under 28 U.S.C. § 2241.

2

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supplemented, will then be returned to this court for further
consideration.
REMANDED

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