FOX v. BAYSIDE STATE PRISON et al

Filing 27

MEMORANDUM AND ORDER denying Defts' 5 Motion to Dismiss as moot in light of pltf's subsequent filing of an amended complaint. Signed by Judge Robert B. Kugler on 5/29/2015. (drw)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
_________________________________________
ANTHONY FOX,
:
:
Plaintiff,
:
Civ. No. 14-5344 (RBK)
:
v.
:
MEMORANDUM AND ORDER
:
BAYSIDE STATE PRISON, et al.,
:
:
Defendants.
:
_________________________________________ :
Plaintiff is proceeding through counsel with a civil rights complaint filed pursuant to 42
U.S.C. § 1983. On October 30, 2014, defendants Bayside State Prison, the New Jersey
Department of Corrections and Gary M. Lanigan filed a motion to dismiss the complaint
pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). (See Dkt. No. 5.)
On November 17, 2014, plaintiff filed an amended complaint. The filing of this amended
complaint by plaintiff effectively moots defendants motion to dismiss the original complaint. 1
Accordingly, IT IS this 29th day of May, 2015,
ORDERED that defendants’ motion to dismiss (Dkt. No. 5.) the original complaint is
denied as moot in light of plaintiff’s subsequent filing of an amended complaint.

s/Robert B. Kugler
ROBERT B. KUGLER
United States District Judge

1

The Court is aware that defendants have since filed motions to dismiss the amended complaint
as well. (See Dkt. Nos. 9 & 23.) Those motions will be analyzed in due course.