Boydston v. Spencer City of et al

Filing 10

ORDER denying without prejudice 7 Motion to Dismiss (mb)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
OLAN WAYNE BOYDSTON,
Plaintiff,
vs.
CITY OF SPENCER, OKLAHOMA,
et al.,
Defendants.

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Case No. CIV-14-816-D

ORDER
In response to Defendants’ Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6),
Plaintiff has filed an amended complaint, as permitted by Fed. R. Civ. P. 15(a)(1)(B). The
amendment supersedes Plaintiff’s original pleading 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). Thus, Defendants’ Motion directed at the original
complaint is moot, and the Motion will be denied without prejudice to refiling, if appropriate,
in response to Plaintiff’s amended pleading.
IT IS THEREFORE ORDERED that Defendants’ Motion to Dismiss [Doc. No. 7] is
DENIED, as set forth herein.
IT IS SO ORDERED this 14th day of November, 2014.