STRUNIN v. DARNELL

Filing 7

ORDER denying as MOOT 5 Motion to Dismiss. Signed by JUDGE STEPHAN P MICKLE on 1/8/09. (bkp)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION KEITH D. STRUNIN, Plaintiff, v. SADIE DARNELL, in her Official capacity as Sheriff of Alachua County, Florida, Defendant. ________________________/ ORDER DENYING MOTION TO DISMISS AS MOOT In response to Defendant's motion to dismiss (doc. 5), Plaintiff has filed an amended complaint as he is entitled to do as a matter for course. See BrewerGiorgio v. Producers Video, Inc., 216 F.3d 1281, 1284 (11th Cir. 2000) (a motion to dismiss is not a "responsive pleading" that triggers the requirement of leave of court to amend). The amended complaint renders moot the motion to dismiss. If Defendant finds any deficiencies in Plaintiff's amended complaint, Defendant may file a motion to dismiss the amended complaint. Accordingly, it is ORDERED AND ADJUDGED: Defendant's motion to dismiss (doc. 5) is denied as moot. DONE AND ORDERED this 8th day of January, 2009. CASE NO.: 1:08cv197-SPM/AK

Stephan P. Mickle United States District Judge

s/Stephan P. Mickle