YVETTE KANE, District Judge.
Before the Court is Plaintiff Jamil Cooper ("Plaintiff")'s motion to file a supplemental complaint. (Doc. No. 46.) Plaintiff has filed a brief in support of his motion (Doc. No. 46), Defendants have filed a brief in opposition (Doc. No. 49), and Plaintiff has filed a reply (Doc. No. 55). Accordingly, the motion is ripe for resolution.
Plaintiff is currently incarcerated at the State Correctional Institution Rockview in Bellefonte, Pennsylvania ("SCI Rockview"). He initiated this action on November 8, 2017 by filing a complaint pursuant to 42 U.S.C. § 1983 against Lieutenant Sherman, Corrections Officer Thompson, Mark Garman, Corrections Officer Weller,
The next day, Plaintiff was returning to his cell for evening count after completing his job assignment. (
Plaintiff chose to appear before a hearing examiner for the misconduct. (
The same day as the misconduct hearing, Plaintiff was approached by Defendant Sherman as he was entering his housing unit. (
In an Order filed on December 22, 2017, the Court directed service of Plaintiff's complaint on Defendants. (Doc. No. 11.) Defendants filed an answer to the complaint on February 21, 2018. (Doc. No. 16.) Because no order was entered establishing a discovery deadline, the parties had a six (6)-month period to conduct discovery, starting from the date the last pleading was filed by that party.
On October 11, 2018, Plaintiff filed his motion to file a supplemental complaint (Doc. No. 46), the proposed amended complaint (Doc. No. 46-1), and a brief in support (Doc. No. 47). Plaintiff seeks leave to supplement his complaint to add Corrections Officer Kauert as a defendant. (Doc. No. 46-1 ¶ 27-31.) Plaintiff alleges that on April 25, 2018, Kauert conducted a random search of his cell and that during the search, Kauert read legal documents related to this matter and another case filed by Plaintiff. (
Defendants filed their brief in opposition to Plaintiff's motion for leave to file a supplemental complaint on October 17, 2018. (Doc. No. 49.) After receiving an extension of time (Doc. No. 54), Plaintiff filed his reply brief on November 26, 2018 (Doc. No. 55). Subsequently, Defendants filed a motion for summary judgment (Doc. No. 65) and brief in support (Doc. No. 67) on December 28, 2018. Plaintiff then filed a motion to postpone summary judgment (Doc. No. 69) and a motion for an extension of time to respond to the motion for summary judgment (Doc. No. 71). In an Order filed on February 6, 2019, Magistrate Judge Carlson construed Plaintiff's motions as motions for an extension of time to respond and granted Plaintiff an extension of time until March 6, 2019 to respond. (Doc. No. 73.) Plaintiff filed his brief in opposition on February 14, 2019. (Doc. No. 77). Defendants have not filed a reply. Accordingly, the motion for summary judgment is also ripe for resolution and will be addressed by the Court in a separate Memorandum and Order.
Plaintiff seeks leave to file a supplemental complaint pursuant to Rule 15(d) of the Federal Rules of Civil Procedure, which provides:
On motion and reasonable notice, 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. The court may permit supplementation even though the original pleading is defective in stating a claim or defense. The court may order that the opposing party plead to the supplemental pleading within a specified time.
Fed. R. Civ. P. 15(d). A supplemental complaint "refers to events that occurred after the original pleading was filed."
Plaintiff appears to suggest that he should be allowed to supplement his complaint to include his claims against Kauert because Kauert confiscated documents related to this civil action. (Doc. No. 47 at 2; Doc. No. 55 at 4.) However, after consideration of the claims raised by Plaintiff in his initial complaint and those he seeks to raise in his supplemental pleading, the Court concludes that the proposed claims bear no relation to the claims set forth in the original complaint and that joinder of Kauert as an additional defendant will not promote judicial economy or the speedy disposition of the dispute. Plaintiff's claims against Kauert concern events that occurred one (1) year after the events alleged in the original complaint and are wholly unrelated to the retaliation claims raised in the original complaint. Moreover, as noted above, Defendants' motion for summary judgment is ripe for resolution, and allowing Plaintiff to file his supplemental pleading would not promote the speedy disposition of Plaintiff's dispute against Defendants. While the Court concludes that Plaintiff should not be permitted to file his supplemental pleading in the above-captioned matter, Plaintiff is free to raise his claims against Kauert in a separate civil rights action should he choose to do so.
For the reasons set forth above, the Court will deny Plaintiff's motion to file a supplemental complaint (Doc. No. 46). However, this denial will be without prejudice to Plaintiff's right to file a separate civil rights action raising his claims against Kauert should he choose to do so. An appropriate Order follows.