0:26-cv-01273•Guevara v. Tostrud et al
Gesamter Gesetzestext
1 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Peter Michael Guevara, Plaintiff, v. Eric C. Tostrud, United States District Judge, in his individual capacity; David T. Schultz, United States Magistrate Judge, in his individual capacity; Paul Engh, Federal Public Defender, in his individual capacity; Laura Provinzino, Assistant United States Attorney, in her official capacity; Michelle Margoles, government actor and cooperating witness, in her individual capacity; and Does 1-50, inclusive Defendants. Case No. 25-CV-1273 (KMM/SGE) REPORT AND RECOMMENDATION Plaintiff Peter Michael Guevara was recently convicted in this District on charges of receipt and possession of child pornography. See United States v. Guevara, No. 21-CR- 0241 (ECT/DTS) (D. Minn.). In this action, Guevara sues the judge and magistrate judge assigned to that case, as well as the prosecutor, his defense counsel, another attorney, and fifty John Doe defendants, alleging that each of those individuals conspired to deprive him of his constitutional rights during the criminal proceedings. Guevara would like compensatory damages “in excess of $10,000,000,” plus punitive damages and other unspecified relief. (Dkt. 1 at 8.) CASE 0:26-cv-01273-KMM-SGE Doc. 4 Filed 02/17/26 Page 1 of 4
2 Because Guevara is a prisoner, his complaint is subject to preservice review under 28 U.S.C. § 1915A. See 28 U.S.C. § 1915A(a) (“The court shall review, before docketing, if feasible or, in any event, as soon as practicable after docketing, a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity.”). On review, the court shall identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint— (1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b). Guevara’s complaint is plainly, obviously barred by the doctrine set forth in Heck v. Humphrey: [I]n order to recover damages for allegedly unconstitutional conviction or imprisonment, or for other harm caused by actions whose unlawfulness would render a conviction or sentence invalid, a 42 U.S.C. § 1983 plaintiff must prove that the conviction or sentence has been reversed on direct appeal, expunged by executive order, declared invalid by a state tribunal authorized to make such determination, or called into question by a federal court's issuance of a writ of habeas corpus, 28 U.S.C. § 2254. A claim for damages bearing that relationship to a conviction or sentence that has not been so invalidated is not cognizable under § 1983. Thus, when a state prisoner seeks damages in a § 1983 suit, the district court must consider whether a judgment in favor of the plaintiff would necessarily imply the invalidity of his conviction or sentence; if it would, the complaint must be dismissed unless the plaintiff can demonstrate that the conviction or sentence has already been invalidated. CASE 0:26-cv-01273-KMM-SGE Doc. 4 Filed 02/17/26 Page 2 of 4
3 512 U.S. 477, 486-87 (1994) (footnote omitted). Although Heck itself states only that claims under § 1983 that necessarily imply the invalidity of a prisoner’s detention are foreclosed until the prisoner’s conviction or sentence is otherwise invalidated, other cases have since made clear that the Heck bar must be applied to any claim that necessarily implies the invalidity of a facially valid criminal judgment. Sheldon v. Hundley, 83 F.3d 231, 233 (8th Cir. 1996) (“Under Heck . . . we disregard the form of relief sought and instead look to the essence of the plaintiff’s claims.”). The essence of Guevara’s claims is that he believes the criminal proceedings against him that culminated in a jury’s finding of guilt were conducted unlawfully. Indeed, Guevara contends that the judge, magistrate judge, prosecutor, defense counsel, and many others (including as many as 50 unidentifiable John Doe litigants) were each involved in a conspiracy to “suppress [his] defense.” (Dkt. 1 at 6.) If this were true, then the validity of Guevara’s conviction would plainly be called into doubt. But there are appropriate procedural channels for calling a conviction into doubt—direct appeal, and should that prove unsuccessful, a motion under 28 U.S.C. § 2255. A non-habeas civil lawsuit is not one of those appropriate procedural channels, as Heck makes clear. This action should therefore be dismissed without prejudice. See Gautreaux v. Sanders, 395 F. App’x 311, 312 (8th Cir. 2010) (modifying dismissal pursuant to Heck to be without prejudice). Guevara remains responsible for the $350.00 filing fee for this matter, which must be paid in installments over time from his prison trust account as funds become available to him. See 28 U.S.C. § 1915(b)(2). Financial officials at the prison where Guevara now resides should be informed of that ongoing requirement. CASE 0:26-cv-01273-KMM-SGE Doc. 4 Filed 02/17/26 Page 3 of 4
4 RECOMMENDATION Based on the foregoing, and on all of the files, records, and proceedings herein, IT IS HEREBY RECOMMENDED THAT: 1. This matter be DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915A(b). 2. The application to proceed in forma pauperis of plaintiff Peter Michael Guevara (Dkt. 2) be DENIED. 3. Guevara be directed to pay the unpaid balance ($350.00) of the statutory filing fee for this action in the manner prescribed by 28 U.S.C. § 1915(b)(2), and the Clerk of Court be directed to provide notice of this requirement to the authorities at the institution where Guevara is confined. Dated: February 17, 2026 s/Shannon G. Elkins SHANNON G. ELKINS United States Magistrate Judge NOTICE Filing Objections: This Report and Recommendation is not an order or judgment of the District Court and is therefore not appealable directly to the Eighth Circuit Court of Appeals. Under Local Rule 72.2(b)(1), “a party may file and serve specific written objections to a magistrate judge’s proposed finding and recommendations within 14 days after being served a copy” of the Report and Recommendation. A party may respond to those objections within 14 days after being served a copy of the objections. See Local Rule 72.2(b)(2). All objections and responses must comply with the word or line limits set forth in Local Rule 72.2(c). CASE 0:26-cv-01273-KMM-SGE Doc. 4 Filed 02/17/26 Page 4 of 4
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