White v. Wireman et al

Filing 32

MEMORANDUM AND ORDER dimsimming 21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as MOOT. We will by a separate Report and Recommendation address the pending motion to dismiss the plaintiffs second amended complaint. Signed by Magistrate Judge Martin C. Carlson on February 8, 2018. (kjn)

Download PDF
UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IVAN WHITE, : : : : : : : : : Plaintiffs, v. DARRELL WIREMAN, et al., Defendants. Civil No. 1:16-CV-675 (Judge Mannion) (Magistrate Judge Carlson) MEMORANDUM AND ORDER1 The background of this order is as follows: This is a federal civil rights lawsuit filed by a state prisoner against various correctional officials. In the course of this litigation, the plaintiff filed an amended complaint. (Doc. 20.) The defendants subsequently moved to dismiss this amended complaint. (Doc. 21.) Following the filing of this motion to dismiss the plaintiff filed a second amended complaint. (Doc. 27.) The defendants have now moved to dismiss this second amended complaint. (Doc. 28.) We believe that this development has substantive significance for the parties with respect to the initial motion to dismiss the first amended complaint filed in this case (Doc. 20) since, as a matter of law, the second amended complaint takes the place 1 On February 7, 2018, the above-captioned case was reassigned to the undersigned for further proceedings. 1 of the prior amended complaint, effectively invalidating that prior amended complaint. Crysen/Montenay Energy Co. v. Shell Oil Co. (In re Crysen/Montenay Energy Co.), 226 F.3d 160, 162 (2d Cir. 2000) ("[A]n amended pleading ordinarily supersedes the original and renders it of no legal effect"); see 6 Charles Alan Wright, Arthur R. Miller & Mary Kay Kane, Federal Practice & Procedure § 1476 (2d ed. 1990) ("A pleading that has been amended … supersedes the pleading it modifies…. Once an amended pleading is interposed, the original pleading no longer performs any function in the case…."). Since the amended complaint in this case has been replaced by a second amended complaint, the first amended complaint is now a nullity, and any motion to dismiss challenging counts contained in that first amended complaint is now moot. Therefore, we will DISMISS the pending motion to dismiss the plaintiff’s first amended complaint (Doc. 20) as moot. We will by a separate Report and Recommendation address the pending motion to dismiss the plaintiff’s second amended complaint. SO ORDERED, this 8th day of February, 2018. /s/ Martin C. Carlson Martin C. Carlson United States Magistrate Judge 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?