Shahid Omar v. Deborah Chasanow, No. 08-8440 (4th Cir. 2009)

Annotate this Case

Download PDF

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-8440 SHAHID IMAN OMAR, Plaintiff Appellant, v. DEBORAH K. CHASANOW; LYNNE ANN BATTAGLIA; BRYAN E. FOREMAN; JAMES PAPIRMEISTER, Defendants Appellees. 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) Submitted: March 12, 2009 Before MOTZ and Circuit Judge. SHEDD, Decided: Circuit Judges, and March 18, 2009 HAMILTON, Senior Affirmed as modified by unpublished per curiam opinion. Shahid Iman Omar, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: 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 (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 modified. by the appropriate court, and affirm the order as 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. AFFIRMED AS MODIFIED * The rationale in Heck Six Unknown Named Agents of 388 (1971). See Clemente v. 1997); Abella v. Rubino, 63 Tavarez v. Reno, 54 F.3d 109, applies in actions under Bivens v. Fed. Bureau of Narcotics, 403 U.S. Allen, 120 F.3d 703, 705 (7th Cir. F.3d 1063, 1065 (11th Cir. 1995); 110 (2d Cir. 1995). 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.