IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION MICHAEL DESHAUN WILLIAMS, ) Plaintiff, v. CV 622-048 FREDRICK CARVER, et. al., Defendants.

ORDER

After a careful, de novo review of the file, the Court concurs with the Magistrate Judge’s Report and Recommendation, to which objections have been filed. (Doc. no. 8.) In addition to filing objections, Plaintiff filed a second amended complaint. (Doc. no. 10.) Although leave to amend under Fed. R. Civ. P. 15(a) is generally given freely, Foman v. Davis,

(1962), leave is not guaranteed, and a trial court may deny such leave “in the exercise of its inherent power to manage the conduct of litigation before it.” Reese v. Herbert,

(11th Cir. 2008). “In making this determination, a court should consider whether there has been undue delay in filing, bad faith or dilatory motives, prejudice to the opposing parties, and the futility of the amendment.” Saewitz v. Lexington Ins. Co., 133 F, App’x 695, 699 (1 1th Cir. 2005) (per curiam) (quoting Foman,

). The Court DENIES leave to file the second amended complaint because permitting amendment would be futile. The second amended complaint again alleges a state law claim for breach of contract, and at least one defendant is a resident of Georgia. The second amended complaint fails to

state a proper basis for federal jurisdiction. Accordingly, the Cour. OVERRULES Plaintiff's objections, ADOPTS the Report and Recommendation of the Magistrate Judge as its opinion, DISMISSES this case without prejudice, and CLOSES this civil action. SO ORDERED this G Y '_ day of August, 2022, at Augusta, Georgia.

tf □□ 4 □ 7 ye NDAL HALL, @HIRF JUDGE STATES DISTRICT COURT RN DISTRICT OF GEORGIA