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PENLEY v. McDOWELL COUNTY BOARD OF EDUCATION, 1:14cv170. (2014)

Court: District Court, W.D. North Carolina Number: infdco20140919984 Visitors: 16
Filed: Sep. 18, 2014
Latest Update: Sep. 18, 2014
Summary: ORDER DENNIS L. HOWELL, Magistrate Judge. Pending before the Court are the Motions to Dismiss [# 13, # 16, # 19]. Defendants move to dismiss the Complaint. On September 12, 2014, Plaintiff filed an 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 Motions to Dismiss [# 13, # 16, # 19].

ORDER

DENNIS L. HOWELL, Magistrate Judge.

Pending before the Court are the Motions to Dismiss [# 13, # 16, # 19]. Defendants move to dismiss the Complaint. On September 12, 2014, Plaintiff filed an 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 Motions to Dismiss [# 13, # 16, # 19].

Source:  Leagle

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