DALE A. DROZD, Magistrate Judge.
Plaintiff is a state prisoner proceeding pro se with a civil rights action seeking relief under 42 U.S.C. § 1983. Pending before the court is plaintiff's motion to file a supplemental complaint, which defendants have opposed.
In his motion to file a supplemental complaint, plaintiff seeks leave to name additional defendants in this action for their alleged deliberate indifference to his serious medical needs. Plaintiff contends that the events that he complains of in his proposed supplemental complaint took place after he filed his original complaint. (Pl.'s Mot. to Supp. at 1-2.) Defendants have opposed plaintiff's motion and argue that the court would not serve justice by allowing plaintiff to file his proposed supplemental complaint, which names eleven new defendants and asserts claims that are wholly unrelated to the pending claims in this action. (Defs.' Opp'n to Pl.'s Mot. to Supp. at 1-12.)
Under Federal Rule of Civil Procedure Rule 15(d), "the court may, on just terms, permit a party to serve a supplemental pleading setting out any transaction, occurrence, or event that happened after the date of the pleading to be supplemented."
Here, plaintiff's proposed supplemental complaint should be the subject of new complaint filed in a separate civil rights action from this action. Specifically, plaintiff's proposed supplemental claims are separate and distinct from his current claims against the named defendants. As defense counsel aptly observes, plaintiff is proceeding in this action on an amended complaint against defendants Barnes, Chavez, Epp, Ding Felder, Grinde, Hughes, Martinez, Slaughter, Stratton, Sweeney, and Wells for their alleged excessive force or retaliatory conduct against him while he was briefly housed at CSP-Sacramento pending a court date requiring his appearance. Plaintiff now wishes to supplement his complaint with allegations against eleven new defendants for their alleged deliberate indifference to his serious medical needs while he was housed at California Correctional Institution. Allowing plaintiff to pursue his proposed supplemental claims in this action, which has now reached the summary judgment stage, would clearly not promote judicial efficiency, the goal of Rule 15(d).
Plaintiff has also filed a motion for appointment of counsel and a motion for an extension of time to oppose defendants' motion for summary judgment. As to plaintiff's motion for appointment of counsel, the United States Supreme Court has ruled that district courts lack authority to require counsel to represent indigent prisoners in § 1983 cases.
The test for exceptional circumstances requires the court to evaluate the plaintiff's likelihood of success on the merits and the ability of the plaintiff to articulate his claims pro se in light of the complexity of the legal issues involved.
Turning now to plaintiff's motion for an extension of time, plaintiff requests a twenty-one day extension of time to file his opposition to defendants' pending motion for summary judgment. Good cause appearing, the court will grant plaintiff's request.
In accordance with the above, IT IS HEREBY ORDERED that:
1. Plaintiff's motion to file a supplemental complaint (Doc. No. 49) is denied without prejudice to raising the proposed new claims in a separate civil action;
2. Plaintiff's motion for appointment of counsel (Doc. No. 48) is denied;
3. Plaintiff's motion for an extension of time to file an opposition to defendants' motion for summary judgment (Doc. No. 63) is granted; and
4. Within twenty-one days of the date of service of this order, plaintiff shall file an opposition to defendants' motion for summary judgment.