Larry Blakney v. United States of America

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-6751
LARRY BLAKNEY,
Petitioner - Appellant,
v.
UNITED STATES OF AMERICA,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. Louise W. Flanagan, District Judge. (5:21-hc-02231-FL)
Submitted: September 22, 2022 Decided: September 27, 2022
Before WILKINSON, DIAZ, and RUSHING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Larry Blakney, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Larry Blakney, a federal inmate against whom an 18 U.S.C. § 4246 civil
commitment proceeding is pending, appeals the district court’s order dismissing without
prejudice his 28 U.S.C. § 2241 petition for failure to exhaust available remedies. We have
reviewed the record and find no reversible error. Blakney has not exhausted available
remedies through the commitment proceeding that is being held before another judge in
the district court. Accordingly, we deny Blakney’s motion for release and a finding of
unrestorability and objecting to the Government’s motion for an additional period of time
for his commitment and affirm for the reasons stated by the district court. Blakney v. United
States, No. 5:21-hc-02231-FL (E.D.N.C. May 31, 2022).
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.
AFFIRMED

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