Opinion
5:12-cv-00361-KGB-JJV
02-07-2013
ALBERT LEE JOHNSON, ADC #86314 PLAINTIFF v. UNITED STATES OF AMERICA, et al. DEFENDANTS
ORDER
Plaintiff's Motion to Stay Federal Tort Claim Act Proceedings (Doc. No. 22) is DENIED.
Plaintiff's Motion for Leave to Amend Complaint (Doc. No. 23) is GRANTED. Plaintiff is cautioned that an Amended Complaint renders his original Complaint without legal effect.
"An amended complaint 'ordinarily supersedes the original and renders it of no legal effect.'" In Home Health, Inc. v. Prudential Ins. Co. Of America, 101 F.3d 600, 603 (8th Cir. 1996), quoting International Controls Corp. v. Vesco, 556 F.2d 665, 668 (2d Cir. 1994) (other citations omitted).
Defendants shall have sixty days from the date Plaintiff files his Amended Complaint to file their Answers.
The Court's previous Orders granting Defendants additional time to answer/respond (Docs. No. 21, 25) are hereby RESCINDED.
IT IS SO ORDERED this 7th day of February, 2013.
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JOE J. VOLPE
UNITED STATES MAGISTRATE JUDGE