Rusthoven v. Victor School District #7

Filing 10

ORDER REGARDING FINDINGS AND RECOMMENDATIONS - rejecting as moot 8 Findings and Recommendations. Signed by Judge Dana L. Christensen on 9/29/2014. (APP, )

FILED
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION
CLINTON RUSTHOVEN,

SEP 2 9 2014
Clerk. u.s. Distriot Court
District Of Montana
Missoula

CV 14-170-M-DLC-JCL

Plaintiff,
vs.

ORDER

VICTOR SCHOOL DISTRICT, #7,
Defendant.

United States Magistrate Judge Jeremiah C. Lynch entered his order,
findings, and recommendation in this case on August 28,2014. Judge Lynch
granted Plaintiff s motion to proceed in forma pauperis, recommended dismissal
of Plaintiffs complaint without prejudice, and ordered that Plaintiff file an
amended complaint, should he choose to do so, by September 26, 2014. Prior to
this Court entering an order adopting Judge Lynch's findings and
recommendation, Plaintiff filed an amended complaint.
Generally, under the Federal Rules of Civil Procedure, "when a plaintiff
files an amended complaint, the amended complaint supercedes the original, the
latter being treated thereafter as non-existent." Rhodes v. Robinson, 621 F.3d

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1002, 1005 (9th Cir. 2010) (citations and internal quotation marks omitted).
Because Plaintiff's September 25,2014 amended complaint superceded his
original, now non-existent May 23,2014 complaint, Judge Lynch's findings and
recommendation regarding dismissal of the original complaint are moot.
Therefore, IT IS ORDERED that Judge Lynch's Findings and
Recommendation regarding dismissal of Plaintiff's original complaint (Doc. 8) are
REJECTED as moot. This action shall proceed in light of Plaintiff's September
25,2014 amended complaint.
DATED this L'l.u.,day ofSeptemb r 2014.

Dana L. Christensen, Chief Judge
United States District Court

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