Graham v. Teller County, Colorado et al

Filing 7

MINUTE ORDER denying as moot 5 Motion to Dismiss by Magistrate Judge Michael E. Hegarty on 12/11/2014. Defendant is granted leave to re-file if defendant so chooses.(mdave )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-03059-MEH
THOMAS GRAHAM,
Plaintiff,
v.
TELLER COUNTY, COLORADO,
MIKE ENSMINGER, Teller County Sheriff, in his individual and official capacities,
MICHAEL ROMERO, Teller County Sheriff’s Office Deputy and Member of Teller County
Emergency Response Team, in his individual and official capacities,
JOSH WEATHERILL, Teller County Sheriff’s Office Deputy and Member of Teller County
Emergency Response Team, in his individual and official capacities,
NICK HARTBAUER, Teller County Sheriff’s Office Deputy and Member of Teller County
Emergency Response Team, in his individual and official capacities, and
JESSE BAKER, Tactical Medic of the Teller County Emergency Response Team, in his individual
and official capacities,
Defendants.

MINUTE ORDER
Entered by Michael E. Hegarty, United States Magistrate Judge, on December 11, 2014.
In light of the filing of the Amended Complaint [docket #6] as a matter of course pursuant
to Fed. R. Civ. P. 15(a)(1)(B), Defendant Mike Ensminger’s Motion to Dismiss [filed November 19,
2014; docket #5] is denied as moot with leave to re-file, if Defendant so chooses, in response to the
Amended Complaint. 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)); see also
Robinson v. Dean Foods Co., No. 08-cv-01186-REB-CBS, 2009 WL 723329, at *4 (D. Colo. Mar.
18, 2009) (citation omitted) (“Generally, when an amended complaint is filed, the previous
complaint is wiped out and the operative complaint is the most recently filed version.”).