Opinion

Brown v. Henderson County Sheriff's Office

Court
District Court, W.D. North Carolina
Filed
May 14, 2024
Cited by
0 cases
Authority
More cited than 24.9%

“Earlier motions made by Defendants were filed prior to and have been rendered moot by Plaintiffs’ filing of the Second Amended Complaint”

How later courts described this case

  • “Earlier motions made by Defendants were filed prior to and have been rendered moot by Plaintiffs’ filing of the Second Amended Complaint”
  • “Because a properly filed amended complaint supersedes the original one and becomes the operative complaint in the case, it renders the original complaint ‘of no effect.’”

Written by the judges who cited it.

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF NORTH CAROLINA

ASHEVILLE DIVISION

1:23-cv-00270-MR-WCM

MACKENZIE ELAINE BROWN, )

)

Plaintiff, )

) ORDER

v. )

)

HENDERSON COUNTY )

SHERIFF'S OFFICE; )

ROBERT JORDAN WARREN )

)

; )

MICHAEL SCOTT LINDSAY )

)

; )

CRYSTAL D. LANDERS )

)

; )

JOHNNY E. DUNCAN, JR. )

)

)

; )

BRADLEY R. REESE )

)

; )

BRITTANY NICOLE MAYBIN )

)

)

SUSAN N. OATES )

)

; and )

EMILY GREENE COWAN )

)

)

)

)

Defendants. )

This matter is before the Court on a Motion to Dismiss filed by

Defendants Henderson County Sheriff’s Office, Robert Warren, Michael

Lindsay, Crystal Landers, Johnny Duncan, Jr., Bradley Reese, and Brittany

Maybin (the “HCSO Motion to Dismiss,” Doc. 15) and a Motion to Dismiss filed

by Defendants Susan N. Oates and Emily Greene Cowan (the “Judicial

Defendants’ Motion to Dismiss,” Doc. 17).

By Order filed on May 2, 2024, Plaintiff was granted leave to file an

Amended Complaint. Doc. 36.

Plaintiff filed that pleading on May 13, 2024. Doc. 37.

“The general rule ... is that an amended pleading supersedes the original

pleading, rendering the original pleading of no effect.” Young v. City of Mount

Ranier, 238 F.3d 567, 573 (4th Cir. 2001); see also Fawzy v. Wauquiez Boats

SNC, 873 F.3d 451, 455 (4th Cir. 2017) (“Because a properly filed amended

complaint supersedes the original one and becomes the operative complaint in

the case, it renders the original complaint ‘of no effect.’”); Colin v. Marconi

Commerce Systems Employees’ Retirement Plan, 335 F.Supp.2d 590, 614

(M.D.N.C. 2004) (“Earlier motions made by Defendants were filed prior to and

have been rendered moot by Plaintiffs’ filing of the Second Amended

Complaint”); Ledford v. Eastern Band of Cherokee Indians, No. 1:20-CV-005-

MR-DCK, 2020 WL 1042235 at 1 (W.D.N.C. March 3, 2020) (“It is well settled

that a timely-filed amended pleading supersedes the original pleading, and

that motions directed at superseded pleadings may be denied as moot”).

IT IS THEREFORE ORDERED that the HCSO Motion to Dismiss (Doc.

15) and the Judicial Defendants’ Motion to Dismiss (Doc. 17) are DENIED AS

MOOT AS A MATTER OF LAW. This denial is without prejudice to the filing

of any motions challenging the Amended Complaint, if appropriate.

Signed: May 14, 2024

W. Carleton Metcalf Ay

United States Magistrate Judge ‘elle

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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