0:26-cv-01089•Guevara v. Tunheim et al
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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Peter Michael Guevara, Petitioner, v. John R. Tunheim; Unknown and named federal judicial officers and staff; and Sherburne County correctional officer and supervisors, Respondents. Case No. 26-CV-1089 (NEB/EMB) REPORT AND RECOMMENDATION Petitioner Peter Michael Guevara, a prisoner proceeding pro se, has filed a petition for a writ of mandamus naming a judge of this District and several unidentified federal and county officials as respondents. (See Dkt. No. 1.) The gist of the mandamus petition is that Mr. Guevara previously filed a judicial-misconduct complaint against the judge named as a respondent. (Petition (Dkt. No. 1) at 3.) Mr. Guevara believes the complaint was not handled appropriately and that, as a result, he was retaliated against by placement into administrative segregation while he was in county jail. (Id. at 4.) Mr. Guevara now asks that the Court “[i]ssue a writ of mandamus directing Respondents to properly process and refer Petitioner’s judicial-misconduct complaints”; “[o]rder preservation and production of all CASE 0:26-cv-01089-NEB-EMB Doc. 7 Filed 03/11/26 Page 1 of 6
2 responsive records and communications”; “[e]njoin further retaliatory acts related to Petitioner’s protected activity”; and “[g]rant such other relief as justice requires.” (Id. at 8.) Mr. Guevara’s petition is now before me for preliminary review pursuant to 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.”).1 As a result of that review, I conclude Mr. Guevara’s petition is frivolous and should be denied accordingly. See 28 U.S.C. § 1915A(b)(1). “The common-law writ of mandamus, as codified in 28 U.S.C. § 1361, is intended to provide a remedy for a plaintiff only if he has exhausted all other avenues of relief and only if the defendant owes him a clear nondiscretionary duty.” Heckler v. Ringer, 466 U.S. 602, 616 (1984) (citing cases). “Where the right of the petitioner is not clear, and the duty of the officer, performance of which is to be commanded, is not plainly defined and peremptory, mandamus 1 Mandamus proceedings, unlike habeas proceedings, are civil actions for purposes of 28 U.S.C. § 1915 and § 1915A even where the mandamus petition does not attack the legality of the petitioner’s confinement. See Rindahl v. United States Attorney’s Office for Minnesota, No. 18-CV-3237 (JRT/ECW), 2019 WL 1993827, at *3 (D. Minn. May 6, 2019) (collecting cases); Shelton v. United States Dep’t of Justice, No. 24-CV-2887 (NEB/DTS), 2024 WL 4533350, at *1 (D. Minn. Oct. 21, 2024). CASE 0:26-cv-01089-NEB-EMB Doc. 7 Filed 03/11/26 Page 2 of 6
3 is not an appropriate remedy.” United States ex rel. Girard Trust Co. v. Helvering, 301 U.S. 540, 543 (1937). Mr. Guevara’s petition confuses the appropriate scope of mandamus. It is not a vehicle for litigating alleged past harms, but for forcing someone2 to perform a nondiscretionary function that they have not already done. A petition for a writ of mandamus is not the appropriate vehicle for raising (for example) complaints related to past alleged retaliation, (see Pet. at 7 (alleging that the “retaliation has already occurred”)), or for challenging the disposition of a prior judicial-misconduct complaint, or for litigating anything else that might have happened previously. Mandamus looks forward, not backward. What, specifically, does Mr. Guevara want going forward? He asks that the respondents “properly process and refer Petitioner’s judicial-misconduct complaints.” (Pet. at 8.) But the use of “properly” reveals that Mr. Guevara is not seeking the performance of a purely nondiscretionary function. Rather, he wants his prior judicial-misconduct complaints to be resolved in a specific manner and with a specific outcome. This goes beyond the scope of mandamus, which can be used (in rare circumstances) to force someone to make a decision, but not to dictate “what particular way that decision shall 2 That someone, moreover, must be “an officer or employee of the United States or any agency thereof.” 28 U.S.C. § 1361. Mr. Guevara therefore cannot seek a writ of mandamus from this Court directed at county officials. CASE 0:26-cv-01089-NEB-EMB Doc. 7 Filed 03/11/26 Page 3 of 6
4 be rendered.” Kimberlin v. Commission to Five Civilized Tribes, 104 F. 653, 654 (8th Cir. 1900); see also Larsen v. Nordbye, 181 F.2d 765, 766 (8th Cir. 1950). The Petition provides no basis to believe that Mr. Guevara has filed any judicial-misconduct complaints that have sat languishing through inaction, or that any federal officer—judicial or non-judicial—has failed to undertake a purely ministerial task owed under the law with respect to such a complaint. Nor is there any reason to believe that any of the other forward- looking ministerial (or non-ministerial) duties that Mr. Guevara is asking to be performed, such as preservation of records, are not already being carried out. The mandamus petition is frivolous and should be denied. Mr. Guevara remains responsible for the $350.00 statutory filing fee for this case, which must be paid in installments over time. He must pay the unpaid balance of the statutory filing fee for this action in the manner prescribed by 28 U.S.C. § 1915(b)(2). The Clerk of Court should be directed to provide notice of this requirement to the authorities at the institution where Mr. Guevara is confined so that the statutory filing fee may be collected. RECOMMENDATION Based on the foregoing, and on all of the files, records, and proceedings herein, IT IS HEREBY RECOMMENDED THAT: CASE 0:26-cv-01089-NEB-EMB Doc. 7 Filed 03/11/26 Page 4 of 6
5 1. The petition for a writ of mandamus of petitioner Peter Michael Guevara (Dkt. No. 1) be DENIED AS FRIVOLOUS. 2. This matter be DISMISSED pursuant to 28 U.S.C. § 1915A(b). 3. Mr. Guevara’s application to proceed in forma pauperis (Dkt. No. 2) be DENIED AS MOOT. 4. Mr. Guevara’s order for prison officials to be directed to provide a copy of his prison trust account statement (Dkt. No. 3) be DENIED AS MOOT. 5. Mr. Guevara’s Motions for Extension of Time (Dkt. Nos. 5–6) be DENIED AS MOOT. 6. Mr. 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 Mr. Guevara is confined. Dated: March 11, 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. CASE 0:26-cv-01089-NEB-EMB Doc. 7 Filed 03/11/26 Page 5 of 6
6 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-01089-NEB-EMB Doc. 7 Filed 03/11/26 Page 6 of 6
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