DeFatta v. Oklahoma State of

United States District Court, Oklahoma Western

DeFatta v. Oklahoma State of

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA TONYA DEFATTA, ) ) Plaintiff, ) ) V. ) Case No. CIV-23-15-SLP ) THE STATE OF OKLAHOMA, ex rel. ) COMMISSIONERS OF THE LAND OFFICE, ) et al., ) ) Defendants. ) ORDER Before the Court is the Motion to Dismiss [Doc. No. 8]. Subsequent to the filing of the Motion, Plaintiff filed an Amended Complaint [Doc. No. 9]. “The [A]mended [C]omplaint, as the operative complaint, supersedes the original complaint’s allegations[.]” May v. Segovia,

929 F.3d 1223, 1229

(10th Cir. 2019). Thus, those allegations are of “no legal effect.” Davis v. TXO Prod. Corp.,

929 F.2d 1515, 1517

(10th Cir. 1991). Accordingly, the Motion to Dismiss [Doc. No. 8] is DENIED AS MOOT. IT IS SO ORDERED this 2™ day of February, 2023. Ze OZ □□ Lp SCOTT L. PALK UNITED STATES DISTRICT JUDGE

Reference

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