Johnson v. BP Exploration & Production, Inc. et al

Filing 77

ORDER denying 71 Motion to Disqualify the Honorable Barry W. Ashe from Proceedings, as stated herein. Signed by Judge Barry W Ashe on 07/12/2022. (am)

Case 2:17-cv-03308-BWA-MBN Document 77 Filed 07/12/22 Page 1 of 1

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

GRADY L. JOHNSON

CIVIL ACTION

VERSUS

NO. 17-3308

BP EXPLORATION &
PRODUCTION, INC., et al.

SECTION M (5)

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