Snyder v. Nolen

• Decision Date: 13 August 2004
• Docket Number: No. 01-1688.,01-1688.
• Citation: 380 F.3d 279
• Parties: James R. SNYDER, Plaintiff-Appellant, v. Jack T. NOLEN, Defendant-Appellee.
• Court: U.S. Court of Appeals — Seventh Circuit

380 F.3d 279

James R. SNYDER, Plaintiff-Appellant, v. Jack T. NOLEN, Defendant-Appellee.

No. 01-1688.

United States Court of Appeals, Seventh Circuit.

Argued September 20, 2002.

Decided August 13, 2004.

Appeal from the United States District Court for the Southern District of Illinois, William L. Beatty, J.

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James R. Snyder, Taylorville, IL, pro se.

Traci L. Lovitt (argued), Jones Day, New York, NY, for Plaintiff-Appellant.

James C. Cook (argued), Walker & Williams, Belleville, IL, for Defendant-Appellee.

Before EASTERBROOK, RIPPLE and KANNE, Circuit Judges.

PER CURIAM.

James Snyder filed this action pursuant to 42 U.S.C. § 1983 against Jack Nolen, Clerk of the Circuit Court of Saline County, Illinois. The complaint alleged that Mr. Nolen had violated Mr. Snyder's constitutional right of access to the courts when Mr. Nolen prevented Mr. Snyder from prosecuting a domestic relations action for dissolution of marriage and a temporary restraining order in the state court. The district court dismissed Mr. Snyder's complaint on the alternate grounds that it did not state a constitutional claim, that Mr. Nolen was entitled to absolute quasijudicial immunity and that Mr. Nolen was entitled to qualified immunity. Mr. Snyder appealed, and this court now affirms.

It is the unanimous opinion of the court that Mr. Nolen is not protected by absolute quasi-judicial immunity. Nevertheless, it is the opinion of the majority of the panel that Mr. Snyder has not stated a claim for a constitutional violation of right to access to the courts; the individual judges, however, differ with respect to how they arrive at that determination. A third member of the panel is of the opinion that Mr. Snyder's complaint states a constitutional violation and that Mr. Nolen is not entitled to qualified immunity on that claim.

This per curiam opinion sets forth the procedural background of the case and articulates the court's holding with respect to the issue of absolute quasi-judicial immunity. The separate opinions of the panel majority follow, as does that of the panel's dissenting member.

I BACKGROUND

A.

In November of 1996, Mr. Snyder attempted to file a petition for a dissolution of marriage and a temporary restraining order against his wife, Denise Snyder, in the Circuit Court of Saline County, Illinois. In his petition, Mr. Snyder requested that the state court "enter an order restraining [his wife] from selling or concealing or encumbering in any manner" the property claimed to be his pursuant to a prenuptial agreement. R.22, Ex.1. Mr. Snyder alleged that he was estranged from his wife, that his wife was in sole possession of his non-marital property, that he was incarcerated in the custody of the Illinois Department of Corrections, and that his assets were at substantial risk because his wife had indicated to Mr. Snyder's friends that she intended to liquidate certain property belonging to Mr. Snyder.

According to Mr. Snyder's complaint in this action, the pleadings that he proposed to file in the state domestic relations proceedings complied with that court's technical filing requirements and alleged a factual basis for a dissolution of marriage and for a temporary restraining order. Nevertheless, Mr. Nolen, as the Circuit Court Clerk, allegedly removed Mr. Snyder's pleadings from the court's docket and placed a large "X" over the court's "Filed" stamp with the word "error." R.22.¹ Mr. Nolen then returned the pleadings to Mr. Snyder with a note attached, stating that "[b]ecause there is a child involved in this case, you must go thru [sic] an attorney for a divorce." R.22, Ex.1. The parties do not dispute that Mr. Nolen's instruction was incorrect. The complaint further alleges that Mr. Nolen took these actions "without consulting any judge ... as to the propriety of his actions." R.22 at 5.² According to the complaint, sometime after Mr. Snyder's state court pleadings were rejected and returned, his wife liquidated his non-marital assets and dissipated the proceeds.

B.

On September 17, 1998, Mr. Snyder filed this action against Mr. Nolen pursuant to 42 U.S.C. § 1983. The complaint alleged that Mr. Nolen had violated Mr. Snyder's constitutional right of access to the courts and that, as a result of that violation, Mr. Snyder was prevented from obtaining a court order to prevent his wife from dissipating his non-marital assets. Mr. Snyder's original complaint was stricken by the district court for non-compliance with the procedural requirements of Local Rule 8.1 ("Pleadings Filed by Prisoners") because the complaint was not prepared on the court's required forms. See R.3.

On November 2, 1998, Mr. Snyder filed a first amended complaint. This complaint and a motion to dismiss filed by Mr. Nolen were referred to a magistrate judge. The magistrate judge recommended that Mr. Snyder's complaint be dismissed on the ground that Mr. Nolen's action was a quasi-judicial act entitled to absolute immunity. See R.19. Mr. Snyder timely objected to this recommendation. The district court, without considering the magistrate judge's recommendation, dismissed Mr. Snyder's complaint, with leave to re-file, on the ground that it was unclear from the complaint whether Mr. Snyder was suing Mr. Nolen in his official or individual capacity. See R.21.

On April 6, 2000, Mr. Snyder timely filed a second amended complaint, the pleading at issue here. In this complaint, Mr. Snyder claimed that Mr. Nolen was liable in his individual capacity for blocking Mr. Snyder's access to the Saline County Court in violation of the federal right of access to the courts. He further alleged a supplemental claim based on the Constitution of the State of Illinois. Specifically alleging the loss of his personal property, Mr. Snyder sought compensatory damages in the amount of $60,000 (the value of his dissipated assets) and punitive damages in the amount of $100.

Mr. Nolen again filed a motion to dismiss. On February 2, 2001, the magistrate judge recommended that the complaint be dismissed on three separate grounds: (1) that the complaint did not state a constitutional claim; (2) that Mr. Nolen was entitled to absolute quasi-judicial immunity; and (3) that Mr. Nolen was entitled to qualified immunity. See R.33. A notice accompanied the magistrate judge's report and recommendation that notified the parties that the failure to object to the report within ten days of service "shall result in a waiver of the right to appeal all issues, both factual and legal which are addressed in the Report and Recommendation." Id.

Mr. Snyder filed no objections to the magistrate judge's report. On February 23, 2001, the district court adopted the magistrate judge's report and recommendation and granted Mr. Nolen's motion to dismiss. See R.34. On March 7, 2001, the district court entered judgment in favor of Mr. Nolen. See R.35. On March 16, 2001, Mr. Snyder filed with the district court a motion to vacate the judgment and, in the alternative, a notice of appeal. In a sworn affidavit, Mr. Snyder explained that he had just returned from a different prison facility to which he had been transferred on temporary writ status for a fitness hearing in his underlying criminal case.³ He did not receive the magistrate judge's order until his return. By that time, the district court had entered a judgment. Mr. Snyder further stated that, prior to his transfer, he had requested that the prison warden forward his mail to his temporary address but that the prison had failed to do so. The district court denied Mr. Snyder's motion to vacate the judgment on April 2, 2001. See R.40. This appeal followed.

II DISCUSSION

A.

We first must determine whether Mr. Snyder has waived his right to appeal. Mr. Nolen submits that, because Mr. Snyder failed to timely object to the magistrate judge's report, he has waived his right to appeal all factual and legal issues to this court. Mr. Snyder concedes that he did not object to the magistrate judge's report; however, he maintains that the interests of justice require a finding that his right to appeal has not been waived.

In Thomas v. Arn, 474 U.S. 140, 155, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985), the Supreme Court held that, consistent with the requirements of due process, "a court of appeals may adopt a rule conditioning appeal, when taken from a district court judgment that adopts a magistrate's recommendation, upon the filing of objections with the district court identifying those issues on which further review is desired" so long as the rule provides "clear notice to the litigants and an opportunity to seek an extension of time for filing objections." In so holding, the Court further provided that "because [this] rule is a nonjurisdictional waiver provision, the Court of Appeals may excuse the default in the interests of justice." Id. In Video Views, Inc. v. Studio 21, Ltd., 797 F.2d 538, 539 (7th Cir.1986), this circuit adopted such a rule, concluding that "failure to file objections with the district judge waives the right to appeal all issues, both factual and legal." However, we also recognized that "under certain circumstances the failure to file objections may be excused because the rule is not jurisdictional and should not be employed to defeat the ends of justice." Id. at 540 (internal quotation marks and citations omitted).

Mr. Snyder was a pro se litigant throughout the proceedings in the district court. As a general proposition, pro se litigants are subject to the same waiver rules as litigants represented by counsel. See Provident Sav. Bank v. Popovich, 71 F.3d 696, 700 (7th Cir.1995). However, we decline to apply waiver in this case because doing so would defeat the ends of justice. Shortly before the magistrate judge's report was issued and mailed to Mr. Snyder's "permanent" prison address, Mr. Snyder was transferred temporarily to a different correctional facility. Mr. Snyder requested that the prison forward his...