Stebbins v. Harp & Associates Real Estate Services
ORDER DENYING 52 Motion to Disqualify Judge and DENYING 52 Motion to Set Aside Judgment. Signed by Honorable P. K. Holmes, III on July 8, 2013. Copy of order mailed to non-CM/ECF participant. (jas)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
DAVID A. STEBBINS
Case No. 3:11-CV-03078
HARP & ASSOCIATES LLC a/k/a
HARP & ASSOCIATES REAL ESTATE SERVICES
Currently before the Court is Plaintiff David Stebbins’s Motion to Set Aside Judgment and
to Disqualify Judge. (Doc. 52).
Mr. Stebbins has appealed the judgment entered in this case to the Court of Appeals for the
Eighth Circuit. While that appeal is still pending, Mr. Stebbins now asks that this Court set aside
the judgment being considered by the Eighth Circuit. The Court finds that it lacks jurisdiction to
consider Mr. Stebbins’s motion. “The filing of a notice of appeal is an event of jurisdictional
significance—it confers jurisdiction on the court of appeals and divests the district court of its
control over those aspects of the case involved in the appeal.” Liddell by Liddell v. Board of Educ.,
73 F.3d 819, 822 (8th Cir. 2011) (quoting Griggs v. Provident Consumer Discount Co., 459 U.S. 56,
To the extent that the issue of disqualification is unrelated to the issues raised by Mr.
Stebbins on appeal and may be considered by the Court, the Court finds that there are no grounds
Mr. Stebbins argues that Magistrate Judge James Marschewski has
demonstrated an animus against him by entering a report and recommendation in various of Mr.
Stebbins’s other cases filed in this District, recommending that Mr. Stebbins not be granted leave
to proceed in forma pauperis. The Court cannot find that those reports and recommendations are
evidence of an animus held by Judge Marschewski against Mr. Stebbins. Rather, they are Judge
Marschewski’s recommendations to this Court based on his review of the applicable law. The fact
that Mr. Stebbins disagrees with or does not like Judge Marschewski’s recommendations does not
create grounds for disqualification. Mr. Stebbins has filed objections to those reports and
recommendations, which have been considered by the Court.
IT IS THEREFORE ORDERED that Mr. Stebbins’s Motion to Set Aside Judgment and to
Disqualify Judge (Doc. 97) is DENIED due to lack of jurisdiction of this Court to consider the
motion. To the extent the Court may have jurisdiction to consider the issue of disqualification, the
Motion to Disqualify is denied in substance.
IT IS SO ORDERED this 8th day of July, 2013.
/s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE
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