James Thiessen, as personal representative of the estate of Jerry Ray Garcia v. City of Elk City, Oklahoma, et al.

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA JAMES THIESSEN, as personal representative ) of the estate of JERRY RAY GARCIA, ) ) Plaintiff, ) ) Vv. ) Case No. CIV-26-542-SLP ) CITY OF ELK CITY, OKLAHOMA, etal., __) ) Defendants. ) ORDER Before the Court is Defendant City of Elk City’s Partial Motion to Dismiss and Brief in Support [Doc. No. 10]. “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, Defendant City of Elk City’s Partial Motion to Dismiss and Brief in Support [Doc. No. 10] is DENIED as MOOT.' IT IS SO ORDERED this 21* day of May, 2026.

SCOTT L. PALK CHIEF UNITED STATES DISTRICT JUDGE

' The Court will address Defendants Vandeburgh’s, Nelson’s, and Holland’s Motion to Dismiss, or Alternatively, Motion to Quash Service of Process and Brief in Support [Doc. No. 11] in a separate order once the motion becomes ripe.