Greene v. Mullis et al
ORDER administratively denying as moot without prejudice 3 Motion to Dismiss. Signed by Magistrate Judge David S. Cayer on 12/21/17. (tob)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CIVIL ACTION NO. 3:17-CV-00638-RJC-DSC
MICHAEL LEE GREENE,
KEVIN R. MULLIS, et. al.,
THIS MATTER is before the Court on Defendants’ “… Motion to Dismiss …” (document
#3) filed November 21, 2017.
Rule 15 of the Federal Rules of Civil Procedure governs amendments to pleadings. Rule
15(a)(1) grants a party the right to “amend its pleading once as a matter of course,” if done within
twenty-one (21) days after serving the pleading, Fed. R. Civ. P. 15(a)(1)(A), or “if the pleading is
one to which a responsive pleading is required,” a party may amend once as a matter of course,
provided that it does so within “21 days after service of a responsive pleading or 21 days after
service of a motion under Rule 12(b), (e), or (f), whichever is earlier.” Fed. R. Civ. P. 15(a)(1)(B).
The Rule further provides that leave to amend shall be freely given “when justice so requires.” Id.
Plaintiff filed his Amended Complaint on December 12, 2017, which is within twentyone (21) days of the filing of the Motion to Dismiss.
It is well settled that an amended pleading supersedes the original pleading, and that
motions directed at superseded pleadings are to be denied as moot. Young v. City of Mount Ranier,
238 F. 3d 567, 573 (4th Cir. 2001) (amended pleading renders original pleading of no effect);
Turner v. Kight, 192 F. Supp. 2d 391, 397 (D. Md. 2002) (denying as moot motion to dismiss
original complaint on grounds that amended complaint superseded original complaint).
IT IS THEREFORE ORDERED that Defendants’ “… Motion to Dismiss …” (document
#3) is administratively DENIED as moot without prejudice.
The Clerk is directed to send copies of this Order to counsel for the parties, including but
not limited to moving counsel; and to the Honorable Robert J. Conrad, Jr..
Signed: December 21, 2017
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