Santistevan v. City of Colorado Springs

Michael E. Hegarty

Entered by Michael E. Hegarty , United States Magistrate Judge, on January 31, 2012.

In light of the filing of the Second Amended Complaint in this matter on January 27, 2012, the Motion to Dismiss filed by Defendants El Paso County Sheriff's Department, Phil Gurnett, and Terry Maketa [filed October 13, 2011; docket #74] is denied as moot. See Franklin v. Kansas Dep't of Corr., 160 F. App'x 730, 734 (10th Cir. 2005) ("An amended complaint supersedes the original complaint and renders the original complaint of no legal effect.") (citing Miller v. Glanz, 948 F. 2d 1562, 1565 (10th Cir. 1991)). Defendants shall respond to the Second Amended Complaint in accordance with Fed. R. Civ. P. 15(a).