Hood v. Mims et al

Filing 33

ORDER DENYING Motion to Dismiss as MOOT 24 , signed by Magistrate Judge Gary S. Austin on 5/27/15. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALBERT LEE HOOD,

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Plaintiff,

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vs.

1:13-cv-00108-LJO-GSA-PC
ORDER DENYING MOTION TO
DISMISS AS MOOT
(Doc. 24.)

MARGARET MIMS, et al.,

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Defendants.

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I.

BACKGROUND

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Albert Lee Hood (“Plaintiff”) is a federal prisoner proceeding pro se with this civil

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rights action filed pursuant to 42 U.S.C. § 1983. On January 24, 2013, Plaintiff filed the

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Complaint commencing this action. (Doc. 1.) The court screened the Complaint and issued an

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order on May 8, 2014, requiring Plaintiff to either file an amended complaint or notify the court

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of his willingness to proceed only on the Eighth Amendment medical claims found cognizable

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against defendants Chuna, Taylor, Wibbles, and Zavala (“Defendants”). (Doc. 9.) On June 30,

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2014, Plaintiff notified the court that he wished to proceed only on the cognizable claims.

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(Doc. 11.) On September 15, 2014, the court directed the United States Marshal to serve

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process upon the Defendants. (Doc. 19.)

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On November 19, 2014, Defendants filed a motion to dismiss the Complaint for failure
to state a claim. (Doc. 24.) The motion to dismiss is pending.
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On May 26, 2015, with leave of court, Plaintiff filed the First Amended Complaint.

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(Doc. 32.) As a general rule, an amended complaint supersedes the original complaint. See

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Loux v. Rhay, 375 F.2d 55, 57 (9th Cir. 1967). Thus, because the First Amended Complaint

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has been filed, Plaintiff’s original Complaint no longer serves any function in the case.

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Therefore, Defendants’ motion to dismiss the original Complaint is moot and shall be denied as

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such.

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II.

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CONCLUSION
Based on the foregoing, IT IS HEREBY ORDERED that Defendants’ motion to

dismiss, filed on November 19, 2014, is DENIED as moot.

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IT IS SO ORDERED.
Dated:

May 27, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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