Opinion
Civil Action No. 07-cv-02214-LTB-BNB.
July 7, 2008
ORDER
This matter is before me on the Defendants' Motion to Dismiss [Doc. #18, filed 5/12/08]. The plaintiff filed his initial Complaint on November 2, 2007, while proceeding pro se [Doc. #5]. The plaintiff, through counsel, filed a First Amended Complaint as a matter of course on June 30, 2008. The Defendants' Motion to Dismiss is directed to the initial Complaint, which is no longer the operative complaint. Accordingly,
IT IS ORDERED that Defendants' Motion to Dismiss is DENIED WITHOUT PREJUDICE. The defendants may reassert their arguments, if applicable, in a motion directed to the First Amended Complaint.