IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA MATTHEW RICHARD KUPZYK, ) Plaintiff, Case No. CIV-20-498-D MATT BOLEY, et al., Defendants.

ORDER Before the Court 1s Defendants’ Motion to Dismiss [Doc. No. 6] under Fed. R. Civ. P. 12(b)(6). Plaintiff has responded by filing the Amended Complaint [Doc. No. 11], as authorized by Fed. R. Civ. P. 15(a)(1)(B) and the Order of July 14, 2020 [Doc. No. 9]. The Court finds Defendants’ Motion directed at the original Complaint is moot. See Davis v. TXO Prod. Corp.,

(10th Cir. 1991) (amended complaint supersedes the original); see also Predator Int’l, Inc. v. Gamo Outdoor USA, Inc.,

(10th Cir. 2015); Mink v. Suthers,

(10th Cir. 2007). IT IS THEREFORE ORDERED that Defendants’ Motion to Dismiss [Doc. No. 6] is DENIED without prejudice to a new filing in response the Amended Complaint. IT IS SO ORDERED this 29" day of July, 2020. MeO. OuPat TIMOTHY D. DeGIUSTI Chief United States District Judge