Cooley v. Lamar Cnty. Sheriff Dep't

1

EVA S. COOLEY PLAINTIFF v. LAMAR COUNTY SHERIFF'S DEPARTMENT, ET AL DEFENDANTS

Civil Action No. 2:20-cv-196-TBM-MTP

United States District Court, S.D. Mississippi, Eastern Division

December 22, 2023

ORDER

TAYLOR B. MCNEEL, UNITED STATES DISTRICT JUDGE

This matter came before the Court on the Motion for Judgment on the Pleadings [41] filed by Defendant Lamar County Sheriff's Department on September 26, 2023, in response to the Plaintiff's original Complaint [1] filed on October 23, 2020. Pursuant to Plaintiff's Amended Complaint [53] filed on November 1, 2023, the Court finds that Lamar County Sheriff's Department Motion for Judgment on the Pleadings [41] is MOOT.

The Amended Complaint [53] renders the original complaint [1] of no legal effect because the Amended Complaint does not refer to, adopt, or incorporate by reference the original Complaint. King v. Dogan, 31 F.3d 344, 346 (5th Cir. 1994) (finding that an amended complaint supersedes the original complaint and renders it of no legal effect unless the amended complaint specifically refers to and adopts or incorporates by reference the earlier pleading.”).

Therefore the pending Motion for Judgment on the Pleadings [41] is moot. See New Orleans Association of Cemetery Tour Guides and...