Opinion
Civil Action No. 12-cv-00531-PAB-KLM
06-05-2012
JUAN DURAN, Plaintiff, v. STEPHEN VICALVI, and DANIEL DWYER, Defendants.
MINUTE ORDER
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff's tendered Amended Prisoner Complaint [Docket No. 17; Filed June 4, 2012]. Pursuant to Fed. R. Civ. P. 15(a)(1), "[a] party may amend its pleading once as a matter of course" within 21 days after service of a Rule 12(b) motion. Plaintiff submitted his Amended Prisoner Complaint within 21 days after service of Defendant Dwyer's Rule 12(b)(6) Motion [#12]; thus, he is entitled to amendment as a matter of course. Accordingly,
Defendant Vicalvi has not yet answered or otherwise responded to Plaintiff's Complaint. Service was waived on behalf of Defendant Vicalvi on April 11, 2012 [#10].
IT IS HEREBY ORDERED that Plaintiff's Amended Prisoner Complaint [#17] is ACCEPTED. The Clerk of Court is directed to enter the Amended Prisoner Complaint [#17], effective as of the date of this Minute Order.
IT IS FURTHER ORDERED that Defendants shall answer or otherwise respond to Plaintiff's Amended Prisoner Complaint [#17] on or before June 19, 2012.
IT IS FURTHER ORDERED that Defendant Dwyer's Motion to Dismiss [Docket No. 12; Filed May 16, 2012] is DENIED AS MOOT. See Schwartz v. Booker, No. 09-cv-00915-WJM-KMT, 2011 WL 2560016, at *2 (D. Colo. June 28, 2011) (finding that the amended complaint superceded the original complaint, thus mooting the motion to dismiss filed in response to the original complaint pursuant to Fed. R. Civ. P. 12(b)(6)).