296 F.3d 936 (10th Cir. 2002), 01-4105, Lundahl v. Zimmer

Docket Nº:01-4105, 01-4139.
Citation:296 F.3d 936
Party Name:Holli LUNDAHL, Plaintiff-Appellant, and M.R. Christonson and Christian LUNDAHL, Plaintiffs, 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.
Case Date:July 10, 2002
Court:United States Courts of Appeals, Court of Appeals for the Tenth Circuit
 
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296 F.3d 936 (10th Cir. 2002)

Holli LUNDAHL, Plaintiff-Appellant,

and

M.R. Christonson and Christian LUNDAHL, Plaintiffs,

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.

Nos. 01-4105, 01-4139.

United States Court of Appeals, Tenth Circuit

July 10, 2002

Page 937

Holli Lundahl, pro se.

Paul M. Warner, United States Attorney, and Jill N. Parrish, Assistant United States Attorney, Salt Lake City, UT, 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

Page 938

have Mr. Zimmer and/or Ms. 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, 91 S.Ct. 1999, 29 L.Ed.2d 619 (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...

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