Washington v. Rivera et al

Filing 20

ORDER denying as moot 6 Motion for Judgment on the Pleadings; denying as moot 7 Motion to Stay; terminating 10 Motion to Remand to State Court. Signed by Judge J. Randal Hall on 01/23/2017. (maa)

IN THE UNITED

FOR THE

STATES DISTRICT COURT

SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION

AKEEM WASHINGTON,

*
*

Plaintiff,

*

v.

*

*

*

SHANNON R. RIVERA,
TINA E. ELLIS,

CV

616-167

and

*

Defendants.

*

ORDER

Plaintiff

January

5,

moved

remand

(Doc.

2017.

to

10.)

withdrawn that motion.

(Doc.

TERMINATE Plaintiff's motion

Also,

a motion

on December 19,

for

judgment

this

case

Since

16.)
(doc.

to

then,

state

however,

Accordingly,

court

he

on

has

the Clerk shall

10).

2016, Defendant Shannon Rivera filed

on the pleadings

and

a motion

to

stay

discovery pending resolution of the motion for judgment on the

pleadings.

(Docs.

filed an amended

6,

7.)

But on January 9,

complaint.

(Doc.

11.)

2017,

Because

Plaintiff

the amended

complaint supersedes the complaint that the motion for judgment
on the pleadings

Lowery v. Ala.

seeks to dismiss,

Power Co.,

("[A]n amended complaint

that motion

483 F.3d 1184,

is moot.

See

1219 (11th Cir. 2007)

supersedes the initial

complaint and

becomes the
Mgmt.,

Jan.
as

LP,

15,

moot

operative pleading in the
No.

1:14-CV-2274-TWT,

2015)

(denying a motion

because

superseded

by

it

the

sought
second

"to

case.");

Brown v. Credit

2015 WL 224758,

for

a

pleading

complaint").

that

ORDER
January,

ENTERED

at

Ga.

[was]

Accordingly,

Defendant Rivera's motion for judgment on the pleadings
and her motion to stay (doc.

(N.D.

judgment on the pleadings

dismiss

amended

at *2

(doc.

6)

day

of

7) are DENIED AS MOOT.

Augusta,

Georgia

this

j2^

2017.

HONOKfflBBE

J.

RANDAL HALL

UNITED STATES DISTRICT JUDO

iPUTHEKN DISTRICT OF GEORGIA