Hosseini Roshanaei v. XPO Logistics Freight, Inc.

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION

HOSSEIN ROSHANAEI, ) ) Plaintiff, ) ) v. ) CV426-058 ) XPO LOGISTICS FREIGHT, INC., ) ) Defendant. )

ORDER Pro se plaintiff Hossein Roshanaei filed a Complaint alleging that he was discriminated against by his employer. See generally doc. 1. The Court granted him leave to proceed in forma pauperis, screened his Complaint, and directed the United States Marshal to serve it, pursuant to Federal Rule of Civil Procedure 4(c)(3). See doc. 5. Defendant has now appeared and moved to dismiss. Doc. 12. Plaintiff has responded to that Motion, doc. 13, and filed an Amended Complaint, doc. 14. As Plaintiff’s response correctly points out, because he has not previously amended his complaint, he is entitled to amend it as a matter of course. See doc. 13 at 1; see also Fed. R. Civ. P. 15(a)(1)(B). Since, by operation of the Federal Rules, the Amended Complaint is now the operative pleading, Defendant’s Motion to Dismiss the prior pleading is DISMISSED as

moot. Doc. 12; see Lowery v. Ala. Power Co., 483 F.3d 1184, 1219 (11th Cir. 2007) “Under . . . federal law, an amended complaint supersedes the initial complaint and becomes the operative pleading in the case.”); S. Pilot Ins. Co. v. CECS, Inc., 15 F. Supp. 3d 1284, 1287 n. 1 (N.D. Ga. Jan. 25, 2013) (“An amended complaint supersedes the original complaint, and thus renders moot a motion to dismiss the original complaint.”). Defendant’s response to the Amended Complaint is governed by Federal Rule 15(a)(8). SO ORDERED, this 28th day of July, 2026.

beige A Lag CHRISTOPHER L. RAY UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF GEORGIA