F I L E D
United States Court of Appeals
Tenth Circuit
PUBLISH
JUL 10 2002
UNITED STATES COURT OF APPEALS
PATRICK FISHER
Clerk
TENTH CIRCUIT
HOLLI LUNDAHL,
Plaintiff - Appellant,
and
M.R. CHRISTONSON and
CHRISTIAN LUNDAHL,
Plaintiffs,
Nos. 01-4105 and 01-4139
v.
MARKUS B. ZIMMER, United States
District Court Clerk, Central District
of Utah, and LOUISE YORK, United
States District Court Chief Deputy
Clerk, Central District of Utah,
Defendants - Appellees.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
(D.C. No. 2:00-CV-477-B)
Submitted on the briefs:
Holli Lundahl, pro se.
Paul M. Warner, United States Attorney, and Jill N. Parrish, Assistant United
States Attorney, Salt Lake City, Utah, for Defendants-Appellees.
Before SEYMOUR , HENRY , and BRISCOE , Circuit Judges.
HENRY , Circuit Judge.
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination of
this appeal. See Fed. R. App. P. 34(a)(2). The case is, therefore, ordered
submitted without oral argument.
Holli Lundahl, proceeding pro se, appeals (1) the district court’s dismissal
of her civil action brought against defendants Markus B. Zimmer and Louise York
(appeal number 01-4105) and (2) the district court’s subsequent denial of her
motions, filed pursuant to Fed. R. Civ. P. 59(e) and 60(b), to alter, amend, or
vacate that judgment (appeal number 01-4139). Because the district court
properly dismissed Ms. Lundahl’s action on mootness and absolute immunity
grounds, we affirm.
I. BACKGROUND
In March of 1998, Ms. Lundahl filed suit – under her maiden name, Holli
Telford – in a case captioned Telford v. Kunze , No. 2:98-CV-176-B (D. Utah).
On September 15, 2000, Ms. Lundahl sought to have Mr. Zimmer and/or Ms.
-2-
York, the Clerk and Chief Deputy Clerk, respectively, of the United States
District Court for the District of Utah, enter a default judgment against certain
defendants named in the Telford case. Mr. Zimmer and Ms. York, however, each
declined to enter such judgments; instead, Mr. Zimmer and Ms. York referred Ms.
Lundahl’s request directly to the district court judge presiding over the Telford
case.
Ms. Lundahl, seeking to compel Mr. Zimmer and/or Ms. York to enter the
requested judgments, filed this lawsuit pursuant to Bivens v. Six Unknown Named
Agents of Fed. Bureau of Narcotics , 403 U.S. 388 (1971). Ms. Lundahl’s suit
seeks injunctive relief (an order compelling Mr. Zimmer and/or Ms. York to enter
the requested default judgments) and money damages (compensatory and punitive,
based upon the failure of Mr. Zimmer and Ms. York to file the requested
judgments in a timely manner).
The district court dismissed Ms. Lundahl’s lawsuit; the court noted three
grounds for the dismissal: (1) mootness, given the Telford court’s subsequent
dismissal of that case for lack of subject matter jurisdiction; (2) absolute
immunity, given that court clerks “are absolutely immune from suit in the
performance of their duties, including entry of default judgment pursuant to FRCP
55(a)”; and (3) qualified immunity, given that Ms. Lundahl “failed to make a
threshold showing of constitutional or statutory deprivation.” Rec. doc. 38, at 1-2
-3-
(Supplemental Order, filed Mar. 3, 2001). Ms. Lundahl filed a timely appeal
(appeal number 01-4105).
Besides appealing the district court’s dismissal of her case, Ms. Lundahl
also filed, in the district court, motions pursuant to Fed. R. Civ. P. 59(e) and
60(b), respectively. In these motions, Ms. Lundahl sought to re-open her case,
introduce new testimony, and otherwise obtain a new judgment. The district court
denied both motions; Ms. Lundahl timely appealed these denials (appeal number
01-4139). We consolidated appeals number 01-4105 and 01-4139.
II. DISCUSSION
A. The District Court’s Dismissal of Ms. Lundahl’s Case
Ms. Lundahl first argues that the district court erred in dismissing the case.
While the relevant district court opinions are not entirely explicit on the matter,
we – noting that the district court looked outside the pleadings in dismissing Ms.
Lundahl’s action (e.g., considered the judgment entered in the Telford case) –
construe the dismissal as a grant of summary judgment in favor of Mr. Zimmer
and Ms. York. “We review the district court’s grant of summary judgment de
novo, applying the same legal standard used by the district court.” Old Republic
Ins. Co. v. Durango Air Serv., Inc. , 283 F.3d 1222, 1225 (10th Cir. 2002). We
-4-
consider, in turn, Ms. Lundahl’s requests for injunctive relief and money damages.
1. Injunctive Relief
As to Ms. Lundahl’s claim for injunctive relief, we agree with the district
court that the Telford court’s dismissal of that case for lack of subject matter
jurisdiction rendered moot Ms. Lundahl’s request for injunctive relief in this case.
As the district court noted, between the time Ms. Lundahl filed her First Amended
Complaint and the time the district court dismissed her suit, the Telford court
dismissed the Telford case for lack of subject matter jurisdiction. The dismissal
of the Telford case left Mr. Zimmer and Ms. York without any authority to enter a
default judgment in that case; this lack of authority necessarily rendered moot Ms.
Lundahl’s request for an order requiring the entry of such a default judgment.
2. Money Damages
As to Ms. Lundahl’s claim for money damages, we agree with the district
court that Mr. Zimmer and Ms. York enjoy absolute immunity from such relief
with regard to their respective failures to enter a default judgment pursuant to
Fed. R. Civ. P. 55. Except where a judge has acted “in the clear absence of all
jurisdiction,” the doctrine of judicial immunity shields that judge from liability
for the judge’s official adjudicative acts. Stump v. Sparkman , 435 U.S. 349, 356-
57 (1978) (“A judge will not be deprived of immunity because the action he took
was in error, was done maliciously, or was in excess of his authority; rather, he
-5-
will be subject to liability only when he has acted in the clear absence of all
jurisdiction.”) (internal quotation marks omitted). This doctrine is grounded in “a
general principle of the highest importance to the proper administration of
justice[: i.e.,] that a judicial officer, in exercising the authority vested in him,
should be free to act upon his own convictions, without apprehension of personal
consequences to himself.” Id. at 355 (internal quotation marks omitted).
The doctrine of judicial immunity applies not only to judges but also to any
judicial officer who acts to either “[1] resolv[e] disputes between parties or . . .
[2] authoritatively adjudicat[e] private rights.” Antoine v. Byers & Anderson,
Inc. , 508 U.S. 429, 435-36 (1993). “[I]mmunity which derives from judicial
immunity may extend to persons other than a judge where performance of judicial
acts . . . is involved. . . . [A]bsolute judicial immunity has been extended to non-
judicial officers where their duties had an integral relationship with the judicial
process.” Whitesel v. Sengenberger , 222 F.3d 861, 867 (10th Cir. 2000) (internal
quotation marks omitted).
Court clerks, entrusted with the entry of default judgments pursuant to Fed.
R. Civ. P. 55, fall within that category of judicial officers who, through the
performance of “judicial acts,” “authoritatively adjudicate private rights.”
Whitesel , 222 F.3d at 867; Antoine , 508 U.S. at 435-36. The entry of a default
judgment unquestionably constitutes a judicial act; indeed, little could be thought
-6-
a more quintessential judicial act than the entry of a legal judgment. See , 10A
C HARLES A LAN W RIGHT , ET AL , F EDERAL P RACTICE AND P ROCEDURE § 2683, at 27
(3d ed. 1998) (“‘[T]he clerk, in entering judgment, is acting in place of the
judge.’”) (quoting United States v. Herlong , 9 F.R.D. 194, 196 (W.D.S.C. 1949)) .
Just as clearly, the entry of a default judgment adjudicates private rights. See,
e.g. , Adriana Int’l Corp. v. Thoeren , 913 F.2d 1406, 1414 (9th Cir. 1990) (“The
default [judgment] conclusively establishes the liability of [the party against
whom the judgment was entered].”); Buchanan v. Bowman , 820 F.2d 359, 361
(11th Cir. 1987) (“The effect of a default judgment is that the defendant admits
the plaintiff’s well-pleaded allegations of fact, is concluded on those facts by the
judgment, and is barred from contesting on appeal the facts thus established.”)
(internal quotation marks omitted). Because, then, Mr. Zimmer and Ms. York
enjoy absolute immunity as to their decision to refer Ms. Lundahl’s applications
for entry of default judgment to the judge presiding over the relevant case, the
district court correctly dismissed Ms. Lundahl’s lawsuit in so far as that suit
sought money damages.
B. The District Court’s Denial of Ms. Lundahl’s Motions Filed Pursuant
to Fed. R. Civ. P. 59(e) and 60(b)
We review the denial of Fed. R. Civ. P. 59(e) and 60(b) motions for an
abuse of discretion. See Phelps v. Hamilton , 122 F.3d 1309, 1324 (10th Cir.
-7-
1997) (“We review a district court’s ruling on a Fed. R. Civ. P. 59(e) motion
under an abuse of discretion standard.”); Weitz v. Lovelace Health Sys., Inc. , 214
F.3d 1175, 1181 (10th Cir. 2000) (“We review the disposition of Rule 60(b)
motions for an abuse of discretion.”) (internal quotation marks and alterations
omitted).
We are likewise unpersuaded that the district court erred in failing to grant
Ms. Lundahl’s Fed. R. Civ. P. 59(e) and 60(b) motions. Rule 59(e) permits a
district court, upon motion of a party, to “alter or amend” the court’s judgment;
Rule 60(b) permits a district court to “relieve a party . . . from a final judgment.”
Here, because the district court correctly concluded that (1) Ms. Lundahl’s claim
for injunctive relief is moot and that (2) Mr. Zimmer and Ms. York are absolutely
immune from Ms. Lundahl’s claim for monetary damages, the district court
necessarily did not abuse the court’s discretion in declining to alter, amend, or
vacate the judgment in favor of Mr. Zimmer and Ms. York.
III. CONCLUSION
For the foregoing reasons, we AFFIRM the district court’s dismissal of Ms.
Lundahl’s lawsuit (appeal number 01-4105) and AFFIRM the district court’s
denial of Ms. Lundahl’s Fed. R. Civ. P. 59(e) and 60(b) motions (appeal number
01-4139). We DENY Ms. Lundahl’s outstanding motion, her motion “to reinstate
-8-
for good cause [a] petition for writ of mandamus assigned Tenth Circuit appeal
number 01-4197 and to consolidate th[is] writ proceeding[] with pending appeal
case numbers 01-4105 and 4139.” We originally dismissed the referenced writ
petition – a petition that, in any case, appears to have involved facts entirely
distinct from those decided in this case – based upon Ms. Lundahl’s failure to pay
the appropriate filing fee; Ms. Lundahl now asserts that she indeed paid the
relevant fee. Ms. Lundahl, however, provides no evidence of such payment (e.g.,
a cancelled check or the results of a money order trace). We are, then, not
persuaded that we erred in dismissing the referenced writ petition and thus
decline to reinstate that petition.
-9-