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318 F. App'x 188

Omar v. Chasanow

U.S. Courts of Appeals

Decided March 18, 2009

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U.S. Courts of Appeals · decided 2009-03-18

Applies 28 U.S.C. § 1915A

Relies on Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics · Heck v. Humphrey · Abella v. Rubino

Affirmed as modified by unpublished PER CURIAM opinion · Decided 2009-03-18

PER CURIAM:

¶1 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.

¶2 AFFIRMED AS MODIFIED.

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