Filed: Aug. 03, 2006
Latest Update: Feb. 21, 2020
Summary: [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT No. 06-11820 August 3, 2006 Non-Argument Calendar THOMAS K. KAHN _ CLERK D. C. Docket No. 05-02154-CV-T-17-MSS LATASHA RELIFORD, Plaintiff-Appellant, versus CITY OF TAMPA HOUSING AUTHORITY, RAY SNELL, Defendants-Appellees. _ Appeal from the United States District Court for the Middle District of Florida _ (August 3, 2006) Before DUBINA, MARCUS and WILSON, Circuit Judges.
Summary: [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT No. 06-11820 August 3, 2006 Non-Argument Calendar THOMAS K. KAHN _ CLERK D. C. Docket No. 05-02154-CV-T-17-MSS LATASHA RELIFORD, Plaintiff-Appellant, versus CITY OF TAMPA HOUSING AUTHORITY, RAY SNELL, Defendants-Appellees. _ Appeal from the United States District Court for the Middle District of Florida _ (August 3, 2006) Before DUBINA, MARCUS and WILSON, Circuit Judges. ..
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[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________ FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
No. 06-11820 August 3, 2006
Non-Argument Calendar THOMAS K. KAHN
________________________ CLERK
D. C. Docket No. 05-02154-CV-T-17-MSS
LATASHA RELIFORD,
Plaintiff-Appellant,
versus
CITY OF TAMPA HOUSING AUTHORITY,
RAY SNELL,
Defendants-Appellees.
________________________
Appeal from the United States District Court
for the Middle District of Florida
_________________________
(August 3, 2006)
Before DUBINA, MARCUS and WILSON, Circuit Judges.
PER CURIAM:
Appellant, Latasha Reliford (“Reliford”), appeals the district court’s denial
of her motion for leave to file a second amended complaint. Reliford also appeals
the district court’s denial of her Federal Rule of Civil Procedure 59(e) motion to
alter or amend the judgment.
We review a district court’s order denying a motion for leave to amend for
abuse of discretion. Burger King Corp. v. Weaver,
169 F.3d 1310, 1315 (11th Cir.
1999). “To the extent that denial of leave to amend is based on futility, . . . we
review such denial independently,”
id., “review[ing] de novo the underlying legal
conclusion of whether a particular amendment to the complaint would be futile[,]”
Harris v. Ivax Corp.,
182 F.3d 799, 802 (11th Cir. 1999).
We review the denial of a Rule 59 motion for abuse of discretion. Lockard
v. Equifax, Inc.,
163 F.3d 1259, 1267 (11th Cir. 1998) (citing O'Neal v. Kennamer,
958 F.2d 1044, 1047 (11th Cir. 1992)).
After reviewing the record and reading the parties’ briefs, we hold that the
district court did not abuse its discretion in denying Reliford’s motion for leave to
file her second amended complaint. The district court denied the motion for leave
to amend on the grounds that the proposed amendment “is a transparent attempt to
get around the immunity problem raised by the motion to dismiss,” and because
the court found the proposed amendment was made in bad faith. (R. Doc. 10 at 3.)
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We conclude that the district court correctly denied the motion for leave to amend
based on its finding of bad faith with regard to Reliford’s claim for libel and
slander. See Bryant v. Dupree,
252 F.3d 1161, 1163 (11th Cir. 2001) (noting that
a district court need not allow an amendment where there has been bad faith on
part of the movant). Moreover, we cannot say that the district court abused its
discretion in denying the motion for leave to amend as to the remaining counts of
the proposed second amended complaint based on futility. The district court
correctly found that those counts would not withstand a Fed. R. Civ. P. 12(b)(6)
motion to dismiss.
Finally, we agree with the district court that the arguments in Reliford’s
Rule 59(e) motion are meritless and therefore hold that the district court did not
abuse its discretion in denying the motion.
For the foregoing reasons, we affirm the district court’s orders denying
Reliford’s motion for leave to file a second amended complaint and motion to alter
or amend the judgment under Federal Rule of Civil Procedure 59(e).
AFFIRMED.
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