Opinion
CR 19-29-GF-BMM CR 19-30-GF-BMM
10-27-2021
UNITED STATES OF AMERICA, Plaintiff, v. LUKE JOHN SCOTT, SR., Defendant.
(9th Cir. No. 21-30128)
(9th Cir. No. 21-30129)
ORDER
Brian Morris, Chief District Judge
Judgment was entered in these matters on May 4, 2021. Scott's appeals are pending before the Ninth Circuit Court of Appeals. In each case, Scott moves for recusal.
Filing a notice of appeal divests the district court of jurisdiction over “those aspects of the case involved in the appeal.” United States v. Najjor, 255 F.3d 979, 983 (9th Cir. 2001) (citing United States v. Ortega-Lopez, 988 F.2d 70, 72 (9th Cir. 1993)). The central issue in the appeal is whether this Court's judgments should stand. Scott's recusal motions question whether the judgments were fairly entered. This Court lacks jurisdiction to consider Scott's recusal motions.
Accordingly, IT IS ORDERED that Scott's motions to recuse (Docs. 505, 430) are DISMISSED for lack of jurisdiction.