Cooper v. Johnson et al

Filing 20

ORDER denying as moot 11 Motion to Dismiss. Signed by Magistrate Judge Dennis Howell on 5/27/2011. (Pro se litigant served by US Mail.)(thh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:11cv102
THALIA D. COOPER,

)
)
)
)
)
)
)
)
)
)

Plaintiff,
v.
LISA JOHNSON, et al.
Defendants.
_______________________________

ORDER

Pending before the Court is the Motion to Dismiss filed by Defendants
Transylvania County and Dotti Harris [# 11]. Plaintiff, who is proceeding pro se,
filed her Complaint on May 2, 2011. Prior to the appearance of any of the Defendants
in this action, she moved the Court for leave to file a supplemental complaint. The
Court denied without prejudice Plaintiff’s motion because, as the Court explained in
its Order, she did not need leave of Court to amend her Complaint. (Order, Denying
Mot. Joinder May 18, 2011.) Meanwhile, Defendants Transylvania County and Dotti
Harris moved to dismiss the Complaint.
In response to the Court’s May 18, 2011, Order, Plaintiff filed a second Motion
for Leave to File Supplemental Complaint and Joinder of Claims. Plaintiff attached
several proposed supplemental complaints to this document. Because it was unclear
to the Court whether these documents were identical copies and, if not, which
document Plaintiff intended to file as her Supplemental Complaint, the Court
instructed Plaintiff to file her Amended Complaint by June 3, 2011. The Court also

-1-

instructed Plaintiff to include all of the claims she intended to assert in this pleading
because going forward she would need leave of Court to amend or supplement her
Complaint.
Plaintiff complied with the Court’s Order and filed her Amended Complaint on
May 24, 2011. The filing of an amended complaint supercedes the original complaint
and renders it void of any legal function in the case. Young v. City of Mount Ranier,
238 F.3d 567, 572 (4th Cir. 2001). Accordingly, the Court DENIES as moot
Defendants’ Motion to Dismiss [# 11]. Defendants are free to move to dismiss the
Amended Complaint on the same for different grounds.

Signed: May 27, 2011

-2-