Amanda Kaye Bachman v. Judge Cameron M. Beech

Summary

The United States District Court for the District of Utah screened Amanda Kaye Bachman's pro se 42 U.S.C. § 1983 complaint against state court Judge Cameron M. Beech. The court ordered Bachman to show cause why the action should not be dismissed because challenges to the fact or duration of confinement must proceed through appeal or habeas procedures, and because her request for pretrial bail became moot after she pleaded guilty and was sentenced. The court denied her separate petition for a writ of mandamus as repetitive.

Holdings

1. A state prisoner cannot use a § 1983 action to challenge the fact or duration of confinement; such a challenge must be pursued through a direct appeal and, if necessary, post-conviction or habeas proceedings.
2. The request for pretrial bail was moot after Bachman entered pleas and was sentenced because the state judge was no longer able to provide the requested pretrial relief.
3. The petition for a writ of mandamus was denied because it repeated the arguments and requested relief contained in the complaint.

Questions Presented

1. Whether a state prisoner may use a 42 U.S.C. § 1983 action to challenge the fact or duration of confinement and obtain relief relating to her state criminal case.
2. Whether Bachman's request for pretrial bail and related relief became moot after she entered pleas and was sentenced.
3. Whether the repetitive petition for a writ of mandamus should be denied.

Disposition

other