Wells Fargo Bank, N.A. v. Vann
Filing
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ORDER by Judge Charles R. Breyer denying as moot 19 Motion for Recusal. (crblc1, COURT STAFF) (Filed on 8/23/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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United States District Court
For the Northern District of California
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ORDER DENYING AS MOOT
MOTION TO RECUSE OR
DISQUALIFY THE HONORABLE
CHARLES R. BREYER
Plaintiff,
v.
KEITH A. VANN,
Defendant.
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No. C 12-04023 CRB
WELLS FARGO BANK,
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Defendant Keith Vann has filed a Motion to Recuse or Disqualify the Honorable
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Charles R. Breyer Pursuant to 28 U.S.C. § 144 and 455(a). See Mot. (dkt. 19). That Motion
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is DENIED as MOOT because Plaintiff’s case has already been remanded, see dkt. 8, and
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terminated, see dkt. 10. The Court therefore lacks jurisdiction to adjudicate the merits of
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Defendant’s Motion. See Moore v. Permanente Med. Grp., Inc., 981 F.2d 443, 445 (9th Cir.
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1992) (district court is divested of jurisdiction on the merits after remand).
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IT IS SO ORDERED.
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Dated: August 23, 2012
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G:\CRBALL\2012\4023\order re recusal.wpd
CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE
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