Opinion
CIVIL ACT. 2:23-cv-342-ECM (WO)
07-10-2023
JAMES EDWARD BARBER, Plaintiff, v. KAY IVEY, Governor of the State of Alabama, et al., Defendants.
ORDER
EMILY C. MARKS, CHIEF UNITED STATES DISTRICT JUDGE
Now pending before the Court is the Defendants' motion to dismiss the Plaintiff's complaint. (Doc. 44). On July 9, 2023, the Plaintiff filed an amended complaint. (Doc. 52). The amended complaint supersedes the original complaint. See Hoefling v. City of Miami, 811 F.3d 1271, 1277 (11th Cir. 2016) (“[W]hen [plaintiff] filed the second amended complaint, the first amended complaint . . . became a legal nullity.”). Accordingly, upon consideration of the motion, and for good cause, it is
ORDERED that the motion to dismiss (doc. 44) is DENIED as moot.