Tomlinson v. State Of Ohio

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
RONNELL TOMLINSON,
Plaintiff,
v.
STATE OF OHIO, CIVIL RIGHTS
COMMISSION,
Defendant.
Civil Action 2:25-cv-1057
Judge Edmund A. Sargus, Jr.
Magistrate Judge Chelsey M. Vascura
ORDER
This matter is before the Court on Plaintiff’s Motion to file an amended Complaint. (ECF
No. 4.) That motion is unnecessary because Federal Rule of Civil Procedure 15(a) permits a
party to amend its complaint once as a matter of course within 21 days after service of a motion
under Rule 12(b). Fed. R. Civ. P. 15(a)(1)(B). Because Defendant filed a Motion to Dismiss
under Rule 12(b) on December 1, 2025, Plaintiff was permitted to file an Amended Complaint
without leave of Court until December 22, 2025. Accordingly, Plaintiff’s December 10, 2025
Motion for Leave to File First Amended Complaint (ECF No. 4) is DENIED AS MOOT. The
Clerk is DIRECTED to file on the docket Plaintiff’s Amended Complaint (ECF No. 4–1),
which is now the operative Complaint in this action.
Moreover, because Plaintiff’s Amended Complaint supersedes the original Complaint,
Defendant’s Motion to Dismiss the original Complaint (ECF No. 3) is DENIED AS MOOT.
IT IS SO ORDERED.
/s/ Chelsey M. Vascura
CHELSEY M. VASCURA
UNITED STATES MAGISTRATE JUDGE
Case: 2:25-cv-01057-EAS-CMV Doc #: 6 Filed: 12/19/25 Page: 1 of 1 PAGEID #: <pageID>