Wren v. Denver Sheriff Department, City and County of Denver et al

Filing 43

MINUTE ORDER denying 31 Partial Motion to Dismiss for Failure to State a Claim ; and denying 30 Motion to Dismiss Plaintiffs Complaint and Jury Demand by Magistrate Judge Michael E. Hegarty on 6/18/2015.(mdave, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00434-REB-MEH
ANDREW SCOTT WREN,
Plaintiff,
v.
DEPUTY DUKE COLE,
JOHN DOE #1, Denver County Sheriff Deputy,
JOHN DOE #2, Denver County Sheriff Deputy, and
JOHN DOE #3, Denver County Sheriff Deputy,
Defendants.

MINUTE ORDER
Entered by Michael E. Hegarty, United States Magistrate Judge, on June 18, 2015.
Before the Court is Plaintiff’s First Amended Complaint and Jury Demand [docket #37] filed
as a matter of course pursuant to Fed. R. Civ. P. 15(a). In light of this amended pleading, the Motion
to Dismiss Plaintiff’s Complaint filed by the Denver Sheriff Department and Cole in his official
capacity [filed May 27, 2015; docket #30] and Defendant Cole’s Partial Motion to Dismiss
Plaintiff’s Complaint [filed May 27, 2015; docket #31] are denied without prejudice. 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.”).