Penley v. McDowell County Board of Education et al

Filing 26

ORDER denying as moot 13 Motion to Dismiss for Lack of Jurisdiction, 16 Motion to Dismiss for Failure to State a Claim and 19 Motion to Dismiss for Lack of Jurisdiction. Signed by Magistrate Judge Dennis Howell on 9/18/14. (nv)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:14cv170
STANLEY JEFFREY PENLEY,

)
)
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Plaintiff,
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v.
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MCDOWELL COUNTY BOARD OF
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EDUCATION, et al.,
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Defendants.
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___________________________________ )

ORDER

Pending before the Court are the Motions to Dismiss [# 13, # 16, # 19].
Defendants move to dismiss the Complaint. On September 12, 2014, Plaintiff
filed an Amended Complaint. The filing of an amended pleading supersedes the
original pleading 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 Motions to Dismiss [# 13, # 16, # 19].
Signed: September 18, 2014

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