Schmid v. Cornell Corrections of America et al

Filing 75

MINUTE ORDER denying as moot 33 Motion to Dismiss filed by Defendant Cornell Corrections of America and 53 Motion to Dismiss on Behalf of Defendant Timothy F. Lyden, by Magistrate Judge Michael E. Hegarty on 4/2/2012. (mehcd)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 11-cv-02003-CMA-MEH TONY SCHMID, Plaintiff, v. CORNELL CORRECTIONS OF AMERICA, VEACH, Warden, DR. SHIVALINI M. SANTHANBAR, and TIMOTHY F. LYDEN, Defendants. MINUTE ORDER Entered by Michael E. Hegarty, United States Magistrate Judge, on April 2, 2012. In light of the Second Amended Complaint filed in this matter on April 2, 2012, the Motion to Dismiss filed by Defendant Cornell Corrections of America [filed January 11, 2012; docket #33] and the Motion to Dismiss on Behalf of Defendant Timothy F. Lyden [filed February 20, 2012; docket #53] 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)).

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