Wanstallv. Armijo et al.

Filing 76

MINUTE ORDER denying as moot 59 Motion for Judgment on the Pleadings by Judge Philip A. Brimmer on 07/30/14.(jhawk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-02789-PAB-BNB
RALEN SHANE WANSTALL,
Plaintiff,
v.
JOSEPH ARMIJO, Correctional Officer, USP-Florence, in his individual capacity,
JEFFREY KAMMRAD, Senior Officer, USP-Florence, in his individual capacity,
CHARLES DANIELS, Warden, USP-Florence, in his individual capacity,
JANE/JOHN DOE, Associate Warden, USP-Florence, in his or her individual capacity,
FEDERAL BUREAU OF PRISONS, and
CHARLES SAMUELS, Director, Federal Bureau of Prisons, in his official capacity,
Defendants.

MINUTE ORDER
Entered by Judge Philip A. Brimmer
This matter is before the Court on defendants’ Motion for Judgment on the
Pleadings [Docket No. 59]. On July 28, 2014, plaintiff filed the Second Amended
Complaint [Docket No. 75] pursuant to the Minute Order [Docket No. 74] granting
Plaintiff’s Motion for Leave to Amend Complaint [Docket No. 66]. Thus, the Second
Amended Complaint became the operative pleading in this action, and the Motion for
Judgment on the Pleadings [Docket No. 59] is directed to an inoperative, superseded
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”) (internal quotation marks omitted). As such, the motion for judgment on the
pleadings is moot. It is
ORDERED that defendants’ Motion for Judgment on the Pleadings [Docket No.
59] is DENIED as moot.
DATED July 30, 2014.