Guevara v. Tunheim

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
PETER MICHAEL GUEVARA,
Plaintiff,
v.
JOHN R. TUNHEIM, in his individual
and official capacities,
Defendant.
Case No. 26‐CV‐1483 (NEB/LIB)
ORDER
Peter Michael Guevara, a prisoner proceeding pro se, alleges that a judge violated
his 	constitutional 	rights 	by 	failing 	to 	adequately 	resolve 	administrative 	judicial
complaints during his criminal proceedings. (ECF No. 1.) United States Magistrate Judge
Leo I. Brisbois, on preservice review, recommends dismissing the complaint for several
reasons: (1) a remedy for the alleged constitutional violation is unavailable under Bivens
v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971); (2) Guevara’s factual
allegations are conclusory and vague; and (3) judicial immunity is a barrier to relief. (ECF
No. 6.)
Guevara objects to the Report and Recommendation (ECF No. 11) and files an
amended complaint (ECF No. 12). Nothing in the objection or amended complaint
impacts Judge Brisbois’s reasoning on any of the three independent grounds for
dismissal. The allegations are entirely conclusory, and Bivens and judicial immunity
preclude 	relief. 	The 	Court 	thus 	overrules 	the 	objection, 	adopts 	the 	Report 	and
Recommendation, and dismisses the action.
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CONCLUSION
Based on the foregoing and on all the files, records, and proceedings herein, IT IS
HEREBY ORDERED THAT:
1. 	Guevara’s objection (ECF No. 11) is OVERRULED;
2. 	The Report and Recommendation (ECF No. 6) is ACCEPTED;
3. 	This matter is DISMISSED pursuant to 28 U.S.C. § 1915A(b);
4. 	The application to proceed in forma pauperis of plaintiff Peter Michael
Guevara, (ECF No. 2) is GRANTED;
5. 	Plaintiff’s motion for an order directing the custodial facility to provide
financial documentation (ECF No. 3) is DENIED as moot;
6. 	Plaintiff is 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 is directed to provide notice of this requirement to
the authorities at the institution where Plaintiff is confined; and
7. 	Guevara’s Motion to Update Official Mailing Address (ECF No. 10) is
DENIED AS MOOT.
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LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: May 1, 2026 	BY THE COURT:
s/Nancy E. Brasel
Nancy E. Brasel
United States District Judge
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