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LOGAN v. SUTTON, 1:14-cv-162. (2014)

Court: District Court, W.D. North Carolina Number: infdco20141113f53 Visitors: 7
Filed: Nov. 12, 2014
Latest Update: Nov. 12, 2014
Summary: ORDER DENNIS L. HOWELL, Magistrate Judge. Pending before the Court is the Motion to Dismiss [# 16]. Defendants move to dismiss the Complaint. On October 3, 2014, Plaintiff filed a Second 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 Motion to Dismiss [# 16].

ORDER

DENNIS L. HOWELL, Magistrate Judge.

Pending before the Court is the Motion to Dismiss [# 16]. Defendants move to dismiss the Complaint. On October 3, 2014, Plaintiff filed a Second 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 Motion to Dismiss [# 16].

Source:  Leagle

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