W. Griffin v. Emory Healthcare, Inc.
── W. Griffin v. Emory Healthcare, Inc. ──
Court: Court of Appeals for the Eleventh Circuit
Date: May 07, 2026
Category: NEW
USCA11 Case: 25-12457 Document: 43-1 Date Filed: 05/07/2026 Page: 1 of 6
NOT FOR PUBLICATION
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 25-12457
Non-Argument Calendar
____________________
W. A. GRIFFIN,
Plaintiff-Appellant,
versus
EMORY HEALTHCARE, INC.,
WENDY WRIGHT,
M.D.,
WILLIE SMITH, JR.,
M.D.,
DAN OWENS,
CEO,
Defendants-Appellees.
USCA11 Case: 25-12457 Document: 43-1 Date Filed: 05/07/2026 Page: 2 of 6
2 Opinion of the Court 25-12457
____________________
Appeal from the United States District Court
for the Northern District of Georgia
D.C. Docket No. 1:23-cv-05060-MHC
____________________
Before LUCK, LAGOA, and BRASHER, Circuit Judges.
PER CURIAM:
W.A. Griffin, proceeding pro se, appeals the district court’s
grant of summary judgment in favor of Emory Health Inc., Wendy
Wright, M.D., Willie Smith, Jr., M.D., and Dan Owens. She argues
that the district court erred in denying her motion for leave to
amend her complaint, which she filed after the deadline to amend.
She further argues that the district court erred in granting summary
judgment, even though she never objected to the magistrate
judge’s recommendation thereof. And she asserts that the judge be-
low improperly failed to recuse. These arguments fail and, as a re-
sult, we affirm the district court.
I.
We review a district court’s denial of a motion to amend a
complaint for abuse of discretion. Smith v. Casey, 741 F.3d 1236,
1241 (11th Cir. 2014). And, generally, we hold pro se pleadings to a
less stringent standard and liberally construe them. Campbell v. Air
Jam., Ltd., 760 F.3d 1165, 1168 (11th Cir. 2014). But that “leniency
does not give a court license to serve as de facto counsel for a party,
or to rewrite an otherwise deficient pleading in order to sustain an
action.” Id. at 1168–69 (citation modified).
USCA11 Case: 25-12457 Document: 43-1 Date Filed: 05/07/2026 Page: 3 of 6
25-12457 Opinion of the Court 3
When the court imposes a scheduling order deadline, as it
did here, a plaintiff seeking leave to amend his complaint after the
deadline passes must demonstrate “good cause” under Federal
Rule of Civil Procedure 16(b). S. Grouts & Mortars, Inc. v. 3M Co.,
575 F.3d 1235, 1241 (11th Cir. 2009). The “good cause standard pre-
cludes modification unless the schedule cannot be met despite the
diligence of the party seeking the extension.” Sosa v. Airprint Sys.,
133 F.3d 1417, 1418 (11th Cir. 1998) (citation modified). “The lack
of diligence that precludes a finding of good cause” includes “a
plaintiff who has full knowledge of the information with which it
seeks to amend its complaint before the deadline passes.” S. Grouts
& Mortars, Inc., 575 F.3d at 1241 n.3. And “it is not an abuse of dis-
cretion for a district court to deny a motion for leave to amend fol-
lowing the close of discovery, past the deadline for amendments[,]
and past the deadline for filing dispositive motions.” Lowe’s Home
Centers, Inc. v. Olin Corp., 313 F.3d 1307, 1315 (11th Cir. 2002).
Here, under Rule 1
{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works
the way quoting a news article works. Select a passage above and the same panel
opens: the passage goes to the official you choose, with this document's own
address as its source and its own type. #}