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Cox v. Reneth

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


December 7, 2009

TREVAUGHN COX, PLAINTIFF,
v.
MICHAEL RENETH, STEVEN SHELBY AND CITY OF MADISON, DEFENDANTS.

The opinion of the court was delivered by: J. Phil Gilbert District Judge

MEMORANDUM AND ORDER

This matter comes before the Court on the defendants' motion to dismiss Counts III, IV, V and VI of the complaint (Doc. 5). Since the defendants filed the motion to dismiss, the plaintiff has amended the complaint (Doc. 18). Because the motion to dismiss is directed at the original complaint, which is no longer the operative pleading in this case, Massey v. Helman, 196 F.3d 727, 735 (7th Cir. 1999), the Court hereby DENIES as moot the motion to dismiss (Doc. 5).

IT IS SO ORDERED.

20091207

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