U.S. v. Henry

Full title: UNITED STATES v. MICHAEL HENRY

Court: United States District Court, E.D. Louisiana

Date published: Jan 22, 2009

CRIMINAL NO: 08-19, SECTION: R(5) (E.D. La. Jan. 22, 2009)

Opinion

CRIMINAL NO: 08-19, SECTION: R(5).

January 22, 2009

ORDER

SARAH VANCE, District Judge

Before the Court is defendant Michael Henry's Second Motion for Recusal. "Both recusal statutes require a `proceeding' pending before the Judge sought to be recused." United States v. Bowens, 291 Fed. Appx. 644, 645 (5th Cir. 2008) (per curiam) ( citing 28 U.S.C. §§ 144, 455). "The term `proceeding' implies `the judge's participation in decisions affecting the substantive rights of the litigants to an actual case or controversy." Id. ( quoting United States v. Sciarra, 851 F.2d 621, 635 (3d. Cir. 1988). This case is closed. The only motion left to recuse from is Henry's own, and the Court lacks jurisdiction to hear it. Henry's Motion is therefore DISMISSED.