Geathers v. Bank of America, N.A.

Filing 25

OPINION AND ORDER that Magistrate Judge Alan J. Baverman's Non-Final Report and Recommendation is ADOPTED 17 , and Defendant's Motion to Dismiss the Complaint is DENIED AS MOOT 5 . Signed by Judge William S. Duffey, Jr on 1/26/2015. (anc)

Court deny Defendant’s Motion to Dismiss the original Complaint because
Plaintiff’s Amended Complaint supersedes his original Complaint. See
Malowney v. Fed. Collection Deposit Grp., 193 F.3d 1342, 1345 n.1 (11th Cir.
1999) (noting that “[a]n amended complaint supersedes the original complaint.”).
Defendant did not object to the R&R, and the Court reviews its findings for plain
error. United States v. Slay, 714 F.2d 1093, 1095 (11th Cir. 1983).
Having found no plain error in the Magistrate Judge’s findings and
recommendation, Defendant’s Motion to Dismiss the Complaint is denied as moot.
For the foregoing reasons,
IT IS HEREBY ORDERED that Magistrate Judge Alan J. Baverman’s
Non-Final Report and Recommendation is ADOPTED [17], and Defendant’s
Motion to Dismiss the Complaint is DENIED AS MOOT [5].

SO ORDERED this 26th day of January, 2014.

_______________________________
WILLIAM S. DUFFEY, JR.
UNITED STATES DISTRICT JUDGE

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