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Omar v. Chasanow

United States Court of Appeals, Fourth Circuit
Mar 18, 2009
318 F. App'x 188 (4th Cir. 2009)

Summary

concluding that appropriate disposition of § 1983 claims barred by the Heck doctrine is dismissal without prejudice to later ability to refile claims upon favorable termination

Summary of this case from Hicks v. Canterbury

Opinion

No. 08-8440.

Submitted: March 12, 2009.

Decided: March 18, 2009.

Appeal from the United States District Court for the District, of Maryland, at Greenbelt. Peter J. Messitte, Senior District Judge. (8:08-cv-02626-PJM).

Shahid Iman Omar, Appellant Pro Se.

Before MOTZ and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed as modified by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


Shahid Iman Omar appeals the district court's order dismissing under 28 U.S.C. § 1915A (2006) his civil action challenging the validity of his federal conviction and seeking damages and injunctive relief. The district court properly denied relief because Omar has not shown that his conviction has been overturned or called into question. See Heck v. Humphrey, 512 U.S. 477, 486-87, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994); Harvey v. Horan, 278 F.3d 370, 375 (4th Cir. 2002) (applying Heck to claims for injunctive relief). However, we modify the district court's order to reflect that dismissal is without prejudice to Omar's ability to refile his claims if his federal conviction is overturned or called into question by the appropriate court, and affirm the order as modified. See Omar v. Chasanow, et al., No. 8:08-cv-02626-PJM (D.Md. Oct. 16, 2008). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

The rationale in Heck applies in actions under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics. 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). See Clemente v. Allen, 120 F.3d 703, 705 (7th Cir. 1997); Abella v. Rubino, 63 F.3d 1063, 1065 (11th Cir. 1995); Tavarez v. Reno, 54 F.3d 109, 110 (2d Cir. 1995).

AFFIRMED AS MODIFIED.


Summaries of

Omar v. Chasanow

United States Court of Appeals, Fourth Circuit
Mar 18, 2009
318 F. App'x 188 (4th Cir. 2009)

concluding that appropriate disposition of § 1983 claims barred by the Heck doctrine is dismissal without prejudice to later ability to refile claims upon favorable termination

Summary of this case from Hicks v. Canterbury

concluding claims dismissed pursuant to Heck should be dismissed without prejudice so the inmate can refile if he later succeeds in overturning the conviction

Summary of this case from Beverly v. Lawson

concluding claims dismissed pursuant to Heck should be dismissed without prejudice so the inmate can refile if he later succeeds in overturning the conviction

Summary of this case from Davis v. Smith

modifying district court's dismissal with prejudice under Heck to be dismissed without prejudice to allow plaintiff to refile if favorable termination occurs

Summary of this case from Mahon v. Kilgore

modifying district court's dismissal with prejudice under Heck to reflect that dismissal is without prejudice to plaintiff refiling upon favorable termination of conviction

Summary of this case from Haendel v. Reed

modifying district court's dismissal with prejudice under Heck to be dismissed without prejudice to allow plaintiff to refile if favorable termination occurs

Summary of this case from Jack v. Smith

modifying district court's dismissal with prejudice under Heck to be dismissed without prejudice to allow plaintiff to refile if favorable termination occurs

Summary of this case from Belcher v. Myatt

modifying district court's dismissal with prejudice under Heck to be dismissed without prejudice so plaintiff could refile if favorable termination occurs

Summary of this case from Switzer v. Town of Stanley

modifying district court's dismissal with prejudice under Heck to be dismissed without prejudice so plaintiff could refile if favorable termination occurs

Summary of this case from Switzer v. Town of Stanley

modifying district court's dismissal with prejudice under Heck to be dismissed without prejudice to allow plaintiff to refile if favorable termination occurs

Summary of this case from Dowdy v. Univ. of Virginia

modifying district court's dismissal with prejudice under Heck to be dismissed without prejudice to allow plaintiff to refile if favorable termination occurs

Summary of this case from Trussel v. McNeely

modifying district court's dismissal with prejudice under Heck to be dismissed without prejudice to allow plaintiff to refile if favorable termination occurs

Summary of this case from Unger v. Roper

modifying district court's dismissal with prejudice under Heck to be dismissed without prejudice to allow plaintiff to refile if favorable termination occurs

Summary of this case from Barbour v. Bryant

modifying district court's dismissal with prejudice under Heck to be dismissed without prejudice to allow plaintiff to refile if favorable termination occurs

Summary of this case from Barbour v. Strass

modifying district court's dismissal with prejudice under Heck to be dismissed without prejudice to allow plaintiff to refile if favorable termination occurs

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Case details for

Omar v. Chasanow

Case Details

Full title:Shahid Iman OMAR, Plaintiff-Appellant, v. Deborah K. CHASANOW; Lynne Ann…

Court:United States Court of Appeals, Fourth Circuit

Date published: Mar 18, 2009

Citations

318 F. App'x 188 (4th Cir. 2009)

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