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Burnett v. City of Herrin

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS


November 19, 2010

STEVEN BURNETT, PLAINTIFF,
v.
CITY OF HERRIN, ILLINOIS, ET AL., DEFENDANTS.

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

MEMORANDUM AND ORDER

This matter comes before the Court on Defendants Sharon Clark, Stu Ridings, and Vic Ritter's Motion to Dismiss (Doc. 27). Specifically, since Defendants filed the motion to dismiss, Plaintiff Steven Burnett has filed a Second Amended Complaint (Doc. 40). Because Defendants' dismissal motion is directed at the Amended Complaint (Doc. 23), 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 said motion (Doc. 27).

IT IS SO ORDERED.

20101119

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