Ernst v. Cate

Filing 20

{VACATED per Order 21 .} ORDER Denying Defendant's 5 11 13 Motion to Dismiss as moot signed by Magistrate Judge Gary S. Austin on 4/14/2009. (Esteves, C)

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 TED KEENER ERNST, 9 Plaintiff, 10 v. 11 MATTHEW CATE, et al., 12 Defendants. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 6i0kij 28 1 IT IS SO ORDERED. Dated: On January 30, 2009, Defendant Matthew Cate moved to dismiss Plaintiff's complaint, pursuant to Rule 12(b) of the Federal Rules of Civil Procedure. The motion was amended on February 20, 2009, and again, on February 23, 2009. Rather than oppose the motions, Plaintiff filed a First Amended Complaint on April 7, 2009, pursuant to Federal Rules of Civil Procedure, rule 15(a). An amended complaint supercedes the original complaint, and this Court treats Plaintiff's original complaint as withdrawn. Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992). Accordingly, this Court DENIES as moot Defendant's motions to dismiss Plaintiff's original complaint (Docs. 5, 11 & 13). ) 1:08-cv-01940 OWW GSA ) ) ) ORDER RE DEFENDANT'S MOTION TO ) DISMISS (Docs. 5, 11 & 13) ) ) ) ) )

UNITED STATES DISTRICT COURT

April 14, 2009

/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE