0:25-cv-04441•Rivera v. Walanis et al
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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Alveto Rivera, Plaintiff, v. Meg Walanis; Kara Lehman; and Austin Wuebker, sued in their individual capacities and in their official capacities, Defendants. Case No. 25-CV-4441 (ECT/EMB) ORDER AND REPORT AND RECOMMENDATION Before the Court is the Complaint (Dkt. No. 1) filed by Plaintiff Alveto Rivera, a client of the Minnesota Sex Offender Program (“MSOP”). Mr. Rivera has also filed an Application to Proceed In Forma Pauperis (“IFP Application”) (Dkt. No. 2) and a Motion to Appoint Counsel (Dkt. No. 4). For the following reasons, the undersigned RECOMMENDS this action be dismissed and the IFP application be denied, and DENIES the motion to appoint counsel. I. Background A. Mr. Rivera’s Previous Action In May 2025, Mr. Rivera filed a lawsuit under 42 U.S.C. § 1983 claiming the attorney who represented him during his civil commitment CASE 0:25-cv-04441-ECT-EMB Doc. 7 Filed 01/07/26 Page 1 of 11
2 proceedings provided ineffective assistance of counsel. See Rivera v. Gray, No. 25-CV-2215 (JWB/LIB) (D. Minn) (“Rivera I”). The magistrate judge recommended dismissal of that action because Mr. Rivera’s claims challenged the lawfulness of his civil detention. See id., R&R (Dkt. No. 6) at 2–3 (“If Plaintiff were to establish that [his lawyer] provided ineffective assistance of counsel during the underlying civil-commitment proceedings, this would necessarily imply that the civil-commitment proceedings should be invalidated.”). As the magistrate judge recognized, such a challenge is barred by Heck v. Humphrey, 512 U.S. 477 (1994). Rivera I, R&R, at 2–3. The district judge agreed Mr. Rivera’s claims were barred by Heck, adopted the R&R over Mr. Rivera’s objections, and dismissed the case. See id., Order (Dkt. No. 8) at 3. Mr. Rivera appealed the dismissal to the Eighth Circuit. See Rivera v. Gray, No. 25-2757 (8th Cir. Sept. 9, 2025). He filed his brief in support on October 1, 2025. Just two days later, and without ordering briefing from the respondent, the Eighth Circuit summarily affirmed this Court’s dismissal of Mr. Rivera’s lawsuit. That court also sent Mr. Rivera a letter (1) explaining “any petition for rehearing [must] be filed within 14 days after entry of judgment”—that is, by October 17—and (2) cautioning that the 14-day deadline was “strictly enforce[d].” See id., Cover Letter (Oct. 3, 2025). CASE 0:25-cv-04441-ECT-EMB Doc. 7 Filed 01/07/26 Page 2 of 11
3 B. Mr. Rivera’s Current Action On October 3, 2025—the same day the Eighth Circuit entered judgment in his appeal—MSOP officials informed Mr. Rivera he would be transferred from its Moose Lake facility to its St. Peter Facility.1 (See Dkt. No. 1 ¶¶ 7, 9.) Mr. Rivera arrived at St. Peter on October 6, but did not receive his property until the next day. (Id. ¶¶ 19, 22.) When he went to retrieve his things, MSOP employees informed him “there may be a problem with [his] property,” but he could take some of it with him immediately. (Id. ¶ 23.) Mr. Rivera told MSOP staff that he “need[ed] all law books, legal documents and typing paper” because he had a deadline approaching in his appeal before the Eighth Circuit. (Id. ¶ 25.). After several requests, MSOP officials returned “all [Mr. Rivera’s] legal property” to him on October 24, 2025, but kept “his T.V. remote, [and] his stand light.” (Id. ¶¶ 37–38.) Mr. Rivera alleges the mishandling of his legal papers interfered with his ability to request a rehearing from the Eighth Circuit by the October 17 deadline. (Id. ¶¶ 47–48.) He has now sued the MSOP staff members tasked with handling his property during the move, claiming they impeded his right 1 As explained more fully below, the Court accepts the allegations in the Complaint as true and construes them in the light most favorable to Mr. Rivera. See Braden v. Wal-Mart Stores, Inc., 588 F.3d 585, 594–95 (8th Cir. 2009). CASE 0:25-cv-04441-ECT-EMB Doc. 7 Filed 01/07/26 Page 3 of 11
4 of access to the courts by keeping his legal papers following the transfer. He seeks monetary relief under both § 1983 and state law. Mr. Rivera filed an IFP Application instead of paying the filing fee. (See Dkt. No. 2.) II. Legal Standard If a litigant lacks the financial resources to prepay the required filing fee, the Court may allow his lawsuit to proceed without prepayment. But even if a litigant’s financial condition would otherwise qualify him to proceed with prepaying the fee, the Court may still deny IFP status and dismiss an action if the litigant’s complaint fails to state a claim upon which relief may be granted. See 28 U.S.C. § 1915(e)(2)(B)(ii); see also Atkinson v. Bohn, 91 F.3d 1127, 1128 (8th Cir. 1996) (per curiam). When deciding whether a complaint fails to state a claim upon which relief may be granted, the Court must accept the complaint’s factual allegations as true and draw all reasonable inferences in the plaintiff’s favor. Braden v. Wal-Mart Stores, Inc., 588 F.3d 585, 594–95 (8th Cir. 2009). Although the factual allegations in the complaint need not be detailed, they must be sufficient to “raise a right to relief above the speculative level.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). In other words, the complaint must “state a claim to relief that is plausible on its face.” Id. at 570. In deciding whether this standard is met, the Court disregards legal conclusions that are couched as factual allegations. See Ashcroft v. Iqbal, 556 CASE 0:25-cv-04441-ECT-EMB Doc. 7 Filed 01/07/26 Page 4 of 11
5 U.S. 662, 679 (2009). And although “pro se complaints are to be construed liberally, they still must allege sufficient facts to support the claims advanced.” Stone v. Harry, 364 F.3d 912, 914 (8th Cir. 2004) (citation omitted). III. Analysis The allegations in Mr. Rivera’s complaint do not clear this hurdle. The Court addresses his federal and related state-law claims below. A. Federal Claims “The Constitution guarantees prisoners a right to access the courts.” White v. Kautzky, 494 F.3d 677, 679 (8th Cir. 2007); see also Pittman v. Swanson, 11-CV-3658 (PJS/TNL), 2023 WL 2404044, at *11 (D. Minn. Jan. 27, 2023) (recognizing same standard applies to civil detainees), report and recommendation adopted, 11-CV-3658 (PJS/TNL), 2023 WL 2238703 (D. Minn. Feb. 27, 2023). To state a claim for denial of access to the courts under § 1983, however, a plaintiff must establish “the hindrance of a nonfrivolous and arguably meritorious underlying legal claim.” White, 494 F.3d at 680. Because Mr. Rivera did not have “a nonfrivolous and arguably meritorious” claim to raise in his prior lawsuit, his complaint fails. As a practical matter, the Eighth Circuit had already affirmed this Court’s dismissal when MSOP officials mishandled his property. Even if MSOP officials interfered with Mr. Rivera’s ability to file a petition for rehearing, CASE 0:25-cv-04441-ECT-EMB Doc. 7 Filed 01/07/26 Page 5 of 11
6 such a request is an uphill battle in the best of circumstances. Here, Mr. Rivera offers no reason to believe a timely request for rehearing would have had any chance at success. Because his case did not present a close call, Mr. Rivera did not have an “arguably nonfrivolous” claim available to him at the time MSOP officials seized his legal paperwork. In any event, Mr. Rivera must plead more than the existence of just any “arguably meritorious underlying legal claim.” Id. Instead, he must plausibly allege that his “arguably meritorious” claim relates to an attack on either the legality of his detention or the conditions of his confinement. See Lewis v. Casey, 518 U.S. 343, 355 (1996) (“Impairment of any other litigating capacity is simply one of the incidental (and perfectly constitutional) consequences of conviction and incarceration.”); see also Prouty v. Miles, 21- CV-2606 (WMW/TNL), 2022 WL 3030551, at *2 (D. Minn. Aug. 1, 2022) (applying Lewis to MSOP civil detainee). Mr. Rivera did not (and cannot) plausibly satisfy both of these requirements. This Court dismissed his prior lawsuit, reasoning Heck barred his claim because it challenged the validity of his commitment. The Eighth Circuit affirmed this conclusion. So to avoid the Heck bar on his petition for rehearing (that is, to have an arguably nonfrivolous claim), Mr. Rivera would’ve had to argue that his ineffective assistance of counsel claim was not CASE 0:25-cv-04441-ECT-EMB Doc. 7 Filed 01/07/26 Page 6 of 11
7 an attack on the lawfulness of his commitment. Otherwise, the underlying claim would have been barred by Heck. But that argument would be fatal to his claim here. As set forth in Lewis, Mr. Rivera’s access-to-the-court claim must relate to either the legality of his detention or the conditions of his confinement. See 518 U.S. at 355. Based on the posture of his previous case, there is simply no way Mr. Rivera can successfully show that he has an arguably nonfrivolous claim that fits within the two permissible types of access-to-the-court claims allowed under Lewis. The pleading is overwhelmingly focused on Rivera’s access-to-the- courts claim, but for the sake of completeness, this Court has considered Rivera’s claims from another angle as well: Did the withholding of Rivera’s items—not only his legal materials, but also his T.V. remote and stand light—amount to a deprivation of property without adequate due process protections in violation of § 1983? The answer is no. The Fourteenth Amendment’s Due Process clause provides that “[n]o State shall . . . deprive any person of life, liberty, or property, without due process of law.” U.S. Const. Amend. XIV, § 1. To comport with due process requirements, the state must typically provide a hearing before it deprives a person of his property. See Zinermon v. Burch, 494 U.S. 113, 127 (1990). That is not the case, however, where the deprivation “result[s] from ‘a CASE 0:25-cv-04441-ECT-EMB Doc. 7 Filed 01/07/26 Page 7 of 11
8 random and unauthorized act by a state employee’—versus ‘some established state procedure.’” Walters v. Wolf, 660 F.3d 307, 312 (8th Cir. 2011) (quoting Parratt v. Taylor, 451 U.S. 527, 541 (1981), overruled on other grounds by Daniels v. Williams, 474 U.S. 327, 330–31 (1986)). The allegations in Plaintiff’s complaint demonstrate that the deprivation did not occur pursuant to any state procedure. Plaintiff alleges the Moose Lake staff “was in a rush to have [him] pack up his property,” but told him they thought they packed his remote and light. (Dkt. No. 1 ¶¶ 14, 17.) Similarly, Defendant Wuebker told Mr. Rivera he “did not know why property [staff] was holding on to [Mr. Rivera’s] property,” and that those actions “failed to comply with the rules of MSOP.” (Id. ¶¶ 40, 43). Mr. Rivera also claims he is “the only one that this happen[ed] to,” that MSOP could not provide any reason the property was withheld, and that Defendants withheld his property “maliciously and sadistically.” (Id. ¶¶ 53, 56.) Because Plaintiff alleges Defendants’ actions were random and unauthorized, he cannot establish a violation of his due process rights where state law provides an adequate post-deprivation remedy. See Hudson v. Palmer, 468 U.S. 517, 533 (1984). Minnesota law provides such a remedy— an action for replevin. See Jones v. Roy, 449 F. App’x 526, 527 (8th Cir. 2011) (per curiam) (citing Storms v. Schneider, 802 N.W.2d 824, 827 (Minn. App. 2011)). Because the Complaint fails to state a federal claim upon which relief CASE 0:25-cv-04441-ECT-EMB Doc. 7 Filed 01/07/26 Page 8 of 11
9 may be granted, and because amendment would be futile, the undersigned recommends this portion of the Complaint be dismissed with prejudice pursuant to § 1915(e)(2)(B). B. State Law Claims Mr. Rivera’s complaint briefly references an entitlement to relief under state law. (See Dkt. No. 1 at 15–16.) There is no basis for the Court to exercise original jurisdiction over Mr. Rivera’s state-law claims against MSOP officials. Because the federal claim lacks merit, as explained above, the Court should decline to exercise supplemental jurisdiction and dismiss the state-law claims without prejudice. See 28 U.S.C. § 1367(c)(3); see also Johnson v. City of Shorewood, 360 F.3d 810, 819 (8th Cir. 2004) (affirming dismissal without prejudice of supplemental state-law claims after federal claims failed on the merits). In light of the recommendation that this action be dismissed in its entirety, the undersigned recommends that Mr. Rivera’s pending IFP application be denied. IV. Motion to Appoint Counsel Finally, Mr. Rivera filed a motion asking the Court to appoint an attorney to assist him. “A pro se litigant has no statutory or constitutional right to have counsel appointed in a civil case.” Stevens v. Redwing, 146 F.3d 538, 546 (8th Cir. 1998) (citing Wiggins v. Sargent, 753 F.2d 663, 668 (8th CASE 0:25-cv-04441-ECT-EMB Doc. 7 Filed 01/07/26 Page 9 of 11
10 Cir. 1985)). “In ruling upon a motion for appointment of counsel, the district court may consider the merits of the claim, the plaintiff’s efforts to obtain counsel, and the plaintiff’s financial ability to retain an attorney.” Hale v. N. Little Rock Hous. Auth., 720 F.2d 996, 998 (8th Cir. 1983). Because Mr. Rivera’s federal claims have no hope of success on the merits, as explained above, appointment of counsel is unwarranted. Additionally, his case is neither factually nor legally complex, and he has demonstrated an ability to clearly present his claim to the Court. See Plummer v. Grimes, 87 F.3d 1032, 1033 (8th Cir. 1996). The Motion to Appoint Counsel (Dkt. No. 4) is therefore DENIED. ORDER Based upon the foregoing, and on all of the files, records, and proceedings herein, IT IS HEREBY ORDERED THAT Mr. Rivera’s motion for appointment of counsel (Dkt. No. 4) is DENIED. RECOMMENDATION Based upon the foregoing, and on all of the files, records, and proceedings herein, IT IS HEREBY RECOMMENDED THAT: 1. This matter be DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B) as follows: a. Mr. Rivera’s claims under federal law be DISMISSED WITH PREJUDICE. CASE 0:25-cv-04441-ECT-EMB Doc. 7 Filed 01/07/26 Page 10 of 11
11 b. Mr. Rivera’s claims under state law be DISMISSED WITHOUT PREJUDICE. 2. Mr. Rivera’s application to proceed in forma pauperis (Dkt. No. 2) be DENIED. Dated: January 7, 2026 s/Elsa M. Bullard Elsa M. Bullard 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 0:25-cv-04441-ECT-EMB Doc. 7 Filed 01/07/26 Page 11 of 11
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