Opinion
No. C 07-0113 SBA [Docket No. 74].
January 28, 2008
ORDER
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 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.