Adinolfi v. North Carolina Department of Justice ( 2019 )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION NO. 5:18-CV-539-FL DAVID J. ADINOLFI, ) ) Plaintiff, ) ) Vv. ) ) ORDER NORTH CAROLINA DEPARTMENT OF _ ) JUSTICE an agency of the State of North —) Carolina; and JOSH STEIN in his official capacity as Attorney General of the State ) of North Carolina ) ) Defendants. ) This matter is before the court upon defendants’ motion to dismiss (DE 20) and plaintiff’s motion for leave to file second amended complaint (DE 35). For good cause shown, where plaintiffs motion is not opposed, plaintiff's motion is GRANTED. Plaintiff is DIRECTED to file his second amended complaint within 5 days of the date of this order. Where an amended complaint supersedes the original and renders it of no legal effect, defendants’ motion to dismiss accordingly is DENIED AS MOOT. See Young v. City of Mount Ranier, 238 F.3d 567, 573 (4th Cir. 2001). SO ORDERED, this the 8th day of July, 2019. ( Aire W. FLANAGAN nited States District Judge