Peter Liounis v. United States ( 2021 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-1946
PETER LIOUNIS,
Plaintiff - Appellant,
v.
UNITED STATES OF AMERICA,
Defendant - Appellee.
Appeal from the United States District Court for the Northern District of West Virginia, at
Martinsburg. Gina M. Groh, Chief District Judge. (3:20-cv-00187-GMG)
Submitted: December 21, 2021 Decided: December 22, 2021
Before KING and QUATTLEBAUM, Circuit Judges, and TRAXLER, Senior Circuit
Judge.
Affirmed as modified by unpublished per curiam opinion.
Peter Liounis, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Peter Liounis, a federal prisoner, appeals the district court’s order accepting the
recommendation of the magistrate judge and dismissing his complaint filed under the
Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b), 2671-2680. The district court
dismissed Liounis’ complaint with prejudice pursuant to 28 U.S.C. § 1915A on two
grounds. First, the district court ruled that Liounis had failed to comply with a prefiling
injunction before filing his complaint. Second, the district court concluded that Liounis’
claims were barred by Heck v. Humphrey, 512 U.S. 477, 486-87 (1994).
Upon our review of the record, we agree that Heck applies to Liounis’ claims. See,
e.g., Erlin v. United States, 364 F.3d 1127, 1131-32 (9th Cir. 2004); Parris v. United States,
45 F.3d 383, 385 (10th Cir. 1995). Accordingly, we affirm the district court’s order on that
ground, though we modify the dismissal to be without prejudice because Liounis may refile
his claims should his convictions ever be overturned or called into question by the
appropriate court. 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 AS MODIFIED
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