Johnson v. BP Exploration & Production, Inc.

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA GRADY L. JOHNSON CIVIL ACTION

VERSUS NO. 17-3308 BP EXPLORATION & SECTION M (5) PRODUCTION, INC., et al. ORDER Before the Court is plaintiff’s motion to disqualify the undersigned (R. Doc. 71). After plaintiff filed the motion, he filed a notice of appeal from a final judgment, which divested this Court of jurisdiction to act in this case, except to aid the appeal, correct clerical errors, or enforce its judgment. Ross v. Marshall, 426 F.3d 745, 751 (5th Cir. 2005). Because a motion to recuse a judge does not fall into one of these categories, this Court lacks jurisdiction to address the merits of the recusal motion. McCoy v. Stephens, 561 F. App’x 432 (5th Cir. 2014). Accordingly, IT IS ORDERED that the motion is DENIED without prejudice. New Orleans, Louisiana, this 12th day of July, 2022.

________________________________ BARRY W. ASHE UNITED STATES DISTRICT JUDGE