Opinion
Civil Action No. 07-cv-01297-EWN-KLM.
August 20, 2008
ORDER AND MEMORANDUM OF DECISION
This is a civil rights case. Plaintiff Malachi Z. York alleges the above-captioned Defendants committed various constitutional violations in connection with his incarceration and transfer between prisons. This matter comes before the court on "Defendants Motion to Dismiss Plaintiff's Amended Complaint Pursuant to Fed.R.Civ.P. 12(b)(6)," filed February 22, 2008.
On May 8, 2008, Magistrate Judge Kristen L. Mix granted Plaintiff's motion for leave to amend his complaint, and accepted Plaintiff's proffered second amended complaint for filing as of the date of her order. ( See Minute Order [filed May 8, 2008].) Accordingly, Defendant's instant motion is directed at an inoperative pleading. See, e.g., Gilles v. United States, 906 F.2d 1386, 1389 (10th Cir. 1990) ("[A] pleading that has been amended under Rule 15[a] supersedes the pleading it modifies. . . ." [citation and internal quotation marks omitted]).
Based on the foregoing, it is therefore ORDERED that:
1. DEFENDANT's motion to dismiss (#35) is DENIED as MOOT.