Free Order on Motion to Disqualify Judge - District Court of California - California

Case 4:07-cv-00113-SBA

Document 75

Filed 01/28/2008

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Currently before the Court in this closed case is pro se plaintiff John Gimbel's "Motion to Disqualify Judge." Docket No. 74. The gravamen of this motion appears to be that, since Gimbel made overtly racist statements in his pleadings, this Court should have recused itself from this case rather than dismiss it, as the Court ordered on September 19, 2007 [Docket No. 68]. However, Gimbel has filed a notice of appeal of the dismissal [Docket No. 70], and therefore this Court no longer has jurisdiction over this matter. Natural Res. Def. Council, Inc. v. Southwest Marine Inc., 242 F.3d 1163, 1166 (9th Cir. 2001). Moreover, the case is closed, and there no matters currently pending before the Court. Any motion for disqualification or recusal is therefore moot. Dixon vs. STATE OF CALIFORNIA, DEL NORTE COUNTY SHERIFF'S DEPARTMENT, JERRY HARWOOD, BILL STEVEN, GENE McMANUS, MELANIE BARRY, DANA RENO, ROBERT BARBER, ED FLESHMAN, CRESCENT CITY POLICE DEPARTMENT, DOUGLASS PLACK, GREG JOHNSON, JAMES HOLT, CALEB CHADWICK, THOMAS BURKE, DEL NORTE DISTRICT ATTORNEY, KEITH MORRIS, AC FIELD, MICHAEL RIESE, DARREN McELFRESH, and FRITZ LUDERMAN, Defendants. / JOHN GIMBEL, Plaintiff, No. C 07-0113 SBA ORDER [Docket No. 74] IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case 4:07-cv-00113-SBA

Document 75

Filed 01/28/2008

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v. Clem, 492 F.3d 665, 680 (6th Cir. 2007) (affirming district court's denial as moot of motion to recuse after notice of appeal had been filed). Accordingly, Gimbel's "Motion to Disqualify Judge" [Docket No. 74] is DENIED AS MOOT. IT IS SO ORDERED. Dated: 1/28/08 SAUNDRA BROWN ARMSTRONG United States District Judge

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Case 4:07-cv-00113-SBA

Document 75

Filed 01/28/2008

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1 2 3 4 GIMBEL et al, 5 Plaintiff, 6 v. 7 STATE OF CALIFORNIA et al, 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 Dated: January 28, 2008 19 20 21 22 23 24 25 26 27 28 3 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk John Gimbel 225 Brevus Street Crescent City, CA 95531 Defendant. / CERTIFICATE OF SERVICE Case Number: CV07-00113 SBA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on January 28, 2008, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.