“Under the Federal Rules, an amended complaint supersedes the original complaint.”
How later courts described this case
- “Under the Federal Rules, an amended complaint supersedes the original complaint.”
Written by the judges who cited it.
The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
MICHAEL R. JAMES, )
)
Plaintiff, )
)
vs. ) CIVIL ACTION No. 22-0031-CG-N
)
BALDWIN COUNTY BOARD OF )
EDUCATION, )
)
Defendant. )
ORDER
After due and proper consideration of the issues raised, and a de novo
determination of those portions of the recommendation to which objection is made,
the Report and Recommendation of the Magistrate Judge (Doc. 16) made under 28
U.S.C. § 636(b)(1)(B)–(C), Federal Rule of Civil Procedure 72(b), and S.D. Ala.
GenLR 72(a)(2)(S), and dated May 18, 2022, is ADOPTED as the opinion of this
Court.
Accordingly, it is ORDERED that Defendant Baldwin County Board of
Education’s motion to dismiss (Doc. 5) is GRANTED. Plaintiff Michael R. James
shall file an amended complaint, if any, addressing the defects set out in the Report
and Recommendation no later than July 1, 2022. The amended complaint, which
will become the operative complaint in this action,1 “must reproduce the entire
1 “As a general matter, ‘[a]n amended pleading supersedes the former pleading;
the original pleading is abandoned by the amendment, and is no longer a part of the
pleader's averments against his adversary.’ ” Pintando v. Miami-Dade Hous. Agency,
501 F.3d 1241, 1243 (11th Cir. 2007) (per curiam) (quoting Dresdner Bank AG,
pleading as amended and may not incorporate any prior pleading by reference.” See
S.D. Ala. CivLR 15(a).
DONE and ORDERED this 17th day of June, 2022.
/s/ Callie V. S. Granade
SENIOR UNITED STATES DISTRICT JUDGE
Dresdner Bank AG in Hamburg v. M/V OLYMPIA VOYAGER, 463 F.3d 1210, 1215
(11th Cir. 2006) (citation and quotation omitted)); see also, e.g., Fritz v. Standard Sec.
Life Ins. Co. of New York, 676 F.2d 1356, 1358 (11th Cir. 1982) (“Under the Federal
Rules, an amended complaint supersedes the original complaint.”).
2