Quarles v. McClaran et al

Filing 23

ORDER denying without prejudice 17 Motion to Dismiss for Failure to State a Claim. Defendants are free to refile their Motion to Dismiss addressed to the amended complaint. Signed by Chief Judge S Maurice Hicks, Jr on 9/15/2022. (crt,Keifer, K)

Case 5:22-cv-01326-SMH-MLH Document 23 Filed 09/15/22 Page 1 of 1 PageID #: 128

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION
BENJAMIN L. QUARLES

CIVIL ACTION NO. 22-1326

VERSUS

JUDGE S. MAURICE HICKS, JR.

CHRIS MCCLARAN, ET AL.

MAGISTRATE JUDGE HORNSBY
ORDER

Considering the Motion to Dismiss filed by Defendants City of Minden, Chief Steve
Cropper, Officer Chris McClaran, and Officer Chris Hammontree (Record Document 17):
Since this Motion to Dismiss was filed, Plaintiff has subsequently amended his
complaint. See Record Document 22. “An amended complaint supersedes the original
complaint and renders it of no legal effect unless the amended complaint specifically
refers to and adopts or incorporates by reference the earlier pleading.” King v. Dogan, 31
F.3d 344, 346 (5th Cir. 1994) (citing Boelens v. Redman Homes, Inc., 759 F.2d 504, 508
(5th Cir. 1985)). Defendants are free to refile their Motion to Dismiss addressed to the
amended complaint.
Accordingly,
IT IS HEREBY ORDERED that Defendants’ Motion to Dismiss (Record Document
17) is DENIED WITHOUT PREJUDICE.
THUS DONE AND SIGNED in Shreveport, Louisiana, this 15th day of September,
2022.