Daniel Lanahan v. Clifton Perkins Hospital Ctr

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for hearing [1000033884-2]. Originating case number: 1:15-cv-02512-JFM. Copies to all parties and the district court. [1000041835]. [16-6948]

Appeal: 16-6948

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Filed: 03/14/2017

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UNPUBLISHED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
DR. KOWAN; DR. DOCTOR HELSEL,

CENTER;

DR.

KHLID

EL

SAYED;

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:

February 13, 2017

Decided:

March 14, 2017

Before NIEMEYER, DIAZ, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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.

We dismiss the appeal for

lack of jurisdiction because the notice of appeal was not timely
filed.
Parties
district

are

court’s

accorded
final

30

days

judgment

or

after
order

the
to

entry

note

of

an

the

appeal,

Fed. R. App. P. 4(a)(1)(A), unless the district court extends
the appeal period under Fed. R. App. P. 4(a)(5), or reopens the
appeal period under Fed. R. App. P. 4(a)(6).

“Lack of notice of

the entry does not affect the time for appeal or relieve or
authorize the court to relieve a party for failing to appeal
within the time allowed, except as allowed by Federal Rule of
Appellate Procedure (4)(a).”

Fed. R. Civ. P. 77(d)(2).

Rule 4(a)(6) of the Federal Rules of Appellate Procedure
permits the reopening of the appeal period if a party has not
received notice of the judgment or order within 21 days after
entry,

but

the

motion

requesting

such

relief

must

be

filed

within 180 days after entry of the judgment or 14 days after the
party received notice of the judgment or order, whichever is
earlier.

Fed. R. App. P. 4(a)(6).

The time requirements of

Rule 4(a) are mandatory and jurisdictional.
551 U.S. 205, 208-14 (2007).
2

Bowles v. Russell,

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The district court’s order was entered on the docket on
October 30, 2015.

Lanahan’s notice of appeal was filed, at the

earliest, on July 1, 2016.

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).
the appeal period.

Lanahan never moved for an extension of

Additionally, the 180-day reopening period

expired well before Lanahan filed his notice of appeal.

Thus,

Lanahan is not eligible for a reopening of the appeal period.
See Nunley v. City of Los Angeles, 52 F.3d 792, 794-95 (9th Cir.
1995); Hensley v. Chesapeake & Ohio Ry. Co., 651 F.2d 226, 228
(4th Cir. 1981).
Accordingly,

we

dismiss

the

appeal.

We

deny

Lanahan’s

motion for a hearing and dispense with oral argument because the
facts

and

materials

legal
before

contentions

are

adequately

this

and

argument

court

presented

would

not

in

the

aid

the

decisional process.
DISMISSED

3