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withdrawn that motion.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superseded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
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