[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________ FILED
U.S. COURT OF APPEALS
No. 11-12280 ELEVENTH CIRCUIT
OCT 3, 2011
Non-Argument Calendar
JOHN LEY
________________________ CLERK
D.C. Docket No. 1:09-cv-21154-PAS
MATTIE LOMAX,
Plaintiff-Appellant,
versus
CITY OF MIAMI MAYOR, etc., et al.,
Defendants,
OFFICER NUNEZ,
incarcerated for selling drugs,
OFFICER GARCIA,
SERGEANT BARALT,
llllllllllllllllllllllllllllllllllllllll Defendants-Appellees.
________________________
Appeal from the United States District Court
for the Southern District of Florida
________________________
(October 3, 2011)
Before BLACK, BARKETT and WILSON, Circuit Judges.
PER CURIAM:
Mattie Lomax, proceeding pro se, appeals the district court’s denial of her
motions to recuse the district court judge and demand for a jury trial on her claim
of malicious prosecution. The district court denied the motions as moot. On
appeal, Lomax argues against the district court’s earlier dismissal of her claim of
malicious prosecution brought under 42 U.S.C. § 1983.
We review an order of the district court denying a motion for recusal for an
abuse of discretion. Draper v. Reynolds, 369 F.3d 1270, 1274 (11th Cir. 2004).
Whether a case is moot is a question of law that we review de novo. Troiano v.
Supervisor of Elections in Palm Beach County, Fla., 382 F.3d 1276, 1282 (11th
Cir. 2004).
Under Article III of the Constitution, federal courts may adjudicate only
actual, ongoing cases or controversies. Brooks v. Georgia State Bd. of Elections,
59 F.3d 1114, 1118 (11th Cir. 1995). A case is moot when the issues presented
are no longer live or the parties lack a legally cognizable interest in the outcome.
U.S. Parole Commission v. Geraghty, 445 U.S. 388, 396, 100 S.Ct. 1202, 1209, 63
L.E.2d 479 (1980).
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In the instant case, the district court did not abuse its discretion in denying
Lomax’s motions for recusal and demand for a jury trial. There was no further
judicial labor to be undertaken by the district court in the case, rendering Lomax’s
motions and demand moot.
Upon careful review of the record, and upon consideration of the parties’
briefs, we find no error and affirm.
AFFIRMED.
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