Marquez v. Baker-Chavez

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO ANTOINETTE MARQUEZ, Plaintiff, V. No. 1:24-cv-00423-KG-JMR AMBER BAKER-CHAVEZ, et al., Defendants. ORDER DENYING MOTION TO DISMISS WITHOUT PREJUDICE Defendants Stephen Matthew Torres, Teresa Hanlon and all staff of Trujillo Dodd, Torres & O’Brien, LLC, d/b/a Family Law Firm, LLC, filed their Second Motion to Dismiss. See Doc. 108, filed January 27, 2025. Pro se Plaintiff subsequently filed her Fifth Amended Complaint, Doc. 110, filed January 31, 2025, pursuant to Court Order. See Doc. 107, filed January 13, 2025 (ordering Plaintiff to file a fifth amended complaint). The Court denies Defendants’ Second Motion to Dismiss without prejudice. See Franklin v. Kansas Dept. of Corrections, 160 Fed.Appx. 730, 734 (10th Cir. 2005) (“[aJn amended complaint supersedes the original complaint and renders the original complaint of no legal effect.”) (citing Miller v. Glanz, 948 F.2d 1562, 1565 (10th Cir.1991)). Defendants may file a motion to dismiss the claims in Plaintiff’s Fifth Amended Complaint. IT IS ORDERED that Defendants’ Second Motion to Dismiss, Doc. 108, filed January 27, 2025, is DENIED without prejudice.

KEN H J. Co CHIEF UNITED STATES DISTRICT JUDGE