McDaniel v. Liberty Mut. Ins. Co.

1 Citing case

  1. Kimner v. Duke Energy 401K & Ret. Sav. Plan

    3:23-CV-00369-FDW-DCK (W.D.N.C. Aug. 6, 2024)

    Thus, even where a plaintiff is proceeding pro se, a court may refuse to allow amendments to the pleadings where permitting proposed changes would be futile, and in such cases dismissal with prejudice is appropriate. Id.; see also Foman v. Davis, 371 U.S. 178, 182 (1962) (holding permissible reasons for denying leave to amend pleadings include “repeated failure to cure deficiencies by amendments previously allowed ... [and] futility of amendment”); McDaniel v. Liberty Mut. Ins. Co., No. 321CV00610FDWDSC, 2023 WL 320962, at *3-4 (W.D. N.C. Jan. 19, 2023), appeal dismissed, No. 23-1187, 2023 WL 4797393 (4th Cir. July 27, 2023) III. ANALYSIS