Atkins v. Flex Medical et al

Filing 29

ORDER denying as moot 12 Motion to Dismiss for Failure to State a Claim. Signed by Magistrate Judge Dennis Howell on 5/8/2014. (Pro se litigant served by US Mail.)(nv)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:13cv323 TAMI C. ATKINS, ) ) Plaintiff, ) ) v. ) ) FLEXMEDICAL., et al., ) ) ) Defendants. ) ___________________________________ ) ORDER Pending before the Court is the Motion to Dismiss [# 12]. After Defendants filed the Motion to Dismiss, Plaintiff filed an Amended Complaint. The filing of an amended complaint supersedes 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 the Motion to Dismiss [# 12]. Signed: May 8, 2014 1

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