IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA ERIE DIVISION

ANTHONY HAPPEL, ) ) CASE NO. 1:23-CV-00013-SPB Plaintiff v-0 s

vs. RICHARD A. LANZILLO ) UNITED STATES MAGISTRATE JUDGE MARK BISHOP, UPMC, DEPUTY ) TROWBRIDOR N TE ) ORDER ON MOTION FOR LEAVE TO DESKO ° ) FILE SECOND AMENDED COMPLAINT ) IN RE: ECF NO. 46 Defendants )

Plaintiff Anthony Happel seeks leave to file a Second Amended Complaint. See ECF No. 46. Federal Rule of Civil Procedure 15 provides that leave to amend should be “freely” given “when justice so requires.” Fed. R. Civ. P. 15(a)(2). Having reviewed Happel’s proposed Second Amended Complaint, the Court will grant his motion to amend. The Clerk of this Court is directed to docket the proposed Second Amendment Complaint (ECF No. 46-1) as a new and separate docket entry entitled “Second Amended Complaint.” Accordingly, Happel’s Second Amended Complaint is now considered the operative pleading in this case.

Given that the Defendants’ motions to dismiss challenge the previous (and now inoperative) amended complaint, their motions (ECF Nos. 21, 28, and 31) are denied as moot without prejudice. See, e.g., Farmer-Shaw vy. Wetzel,

, at *1 (W.D. Pa. May 8, 2023). After reviewing the Second Amended Complaint, the Defendants may file new motions

to dismiss or an Answer to the Second Amended Complaint within fourteen days of the date of this order. See, e.g., Cooper v. Miller,

, at *1.(M.D. Pa. Nov. 3, 2021).

SO ORDERED this 5th day of July, 2023. BY THE COURT:

RICHARD A. LANZILLO - UNITED STATES MAGISTRATE JUDGE