Myles v. Oklahoma Department of Human Services et al

Filing 29

ORDER denying as moot 17 Motion to Dismiss; denying as moot 19 Motion to Dismiss. Signed by Honorable Timothy D. DeGiusti on 2/5/2014. (mb)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
HELENE MYLES,
Plaintiff,
v.
THE STATE OF OKLAHOMA ex rel.
OKLAHOMA DEPARTMENT OF
HUMAN SERVICES and DEBRA
CLOUR, in her individual capacity as
Area III Director,
Defendants.

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Case No. CIV-13-676-D

ORDER
Before the Court are Defendant Debra Clour’s Motion to Dismiss [Doc. No. 17] and
Defendant Oklahoma Department of Human Services’ Motion to Dismiss [Doc. No. 19] seeking
dismissal of Plaintiff’s Amended Complaint [Doc. No. 7]. Plaintiff was subsequently granted leave
to file a Second Amended Complaint, see Order [Doc. No. 24], and has now filed the Second
Amended Complaint [Doc. No. 28]. The Second Amended Complaint supersedes Plaintiff’s prior
complaint and renders it of no legal effect. See Davis v. TXO Prod. Corp., 929 F.2d 1515, 1517 (10th
Cir. 1991); see also Mink v. Suthers, 482 F.3d 1244, 1254 (10th Cir. 2007); Miller v. Glanz, 948 F.2d
1562, 1565 (10th Cir. 1991). Thus, all motions directed at the Amended Complaint are moot.
IT IS THEREFORE ORDERED that Defendants’ Motions are DENIED as moot without
prejudice to resubmission, if appropriate, in response to the Second Amended Complaint.
IT IS SO ORDERED this 5th day of February, 2014.