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Civil Rights: Americans with Disabilities - Employment | South Carolina
Order on Motion to Dismiss for Failure to State a Claim
TEXT ORDER: Plaintiff has filed an Amended Complaint as a matter of course as contemplated by Federal Rule of Civil Procedure 15(a)(1). ECF No. 7. Generally, an amended complaint replaces the original complaint. See Young v. City of Mount Ranier, 238 F.3d 567, 572 (4th Cir. 2001) ("As a general rule, an amended pleading ordinarily supersedes the original and renders it of no legal effect.") (citation and internal quotation marks omitted); see also 6 Charles Alan Wright, et al., Federal Practice and Procedure § 1476 (3d ed. 2017) ("A pleading that has been amended under Rule 15(a) supersedes the pleading it modifies and remains in effect throughout the action unless it subsequently is modified. Once an amended pleading is interposed, the original pleading no longer performs any function in the case...."). Accordingly, the pending Motion to Dismiss, ECF No. 4 , is dismissed without prejudice as moot. Defendant may respond to the Amended Complaint in accordance with Rule 15(a)(3) of the Federal Rules of Civil Procedure. Signed by Magistrate Judge Kaymani D West on 8/21/2026.(prou, )
Amended Complaint
AMENDED COMPLAINT against South Carolina Department of Health and Human Services, filed by Kelli Scurry. Service due by 11/18/2026 (Hendrix, Lydia)
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