Santistevan v. USA et al

Filing 73

MINUTE ORDER denying as moot the following motions: 27 Motion to Dismiss filed by Defendants City of Colorado Springs, Colorado Springs Police Department, and Rick Millwright; and 28 Motion to Dismiss Complaint Pursuant to 12(b)(1) and 12(b)(2) filed by Defendants El Paso County Sheriff's Department and Phil Gurnett, by Magistrate Judge Michael E. Hegarty on 10/5/2011. (mehcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-01649-MEH-BNB
ROSE A. SANTISTEVAN,
Plaintiffs,
v.
CITY OF COLORADO SPRINGS, a municipality;
EL PASO COUNTY, a municipality;
RICHARD MYERS, in his official capacity as Colorado Springs Chief of Police;
TERRY MAKETA, in his official capacity as Sheriff of El Paso County;
RICK MILLWRIGHT, in his official and individual capacity;
PHIL GURNETT, in his official and individual capacity;
JACKSON ANDREWS, in his official and individual capacity; and
OTHER UNKNOWN AGENTS OF THE COLORADO SPRINGS POLICE DEPARTMENT AND
THE EL PASO COUNTY SHERIFF’S OFFICE, in their official and personal capacities,
Defendants.

MINUTE ORDER
Entered by Michael E. Hegarty, United States Magistrate Judge, on October 5, 2011.
In light of the Amended Complaint filed in this matter on September 13, 2011, the Motion
to Dismiss filed by Defendants City of Colorado Springs, Colorado Springs Police Department and
Rick Millwright [filed July 28, 2011; docket #27] and the Motion to Dismiss Complaint Pursuant
to 12(b)(1) and 12(b)(6) filed by Defendants El Paso County Sheriff’s Department and Phil Gurnett
[filed July 28, 2011; docket #28] are denied as moot. See Franklin v. Kansas Dep’t of Corr., 160
F. App'x 730, 734 (10th Cir. 2005) (“An amended complaint supersedes the original complaint and
renders the original complaint of no legal effect.”) (citing Miller v. Glanz, 948 F. 2d 1562, 1565
(10th Cir. 1991)).