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NOTTINGHAM v. PEORIA

November 1, 1988

RAYMOND B. NOTTINGHAM, Plaintiff,
v.
MARK PEORIA, et al., Defendants



The opinion of the court was delivered by: NEALON

 WILLIAM J. NEALON, CHIEF UNITED STATES DISTRICT JUDGE.

 Currently before the court are plaintiff's motion to supplement his complaint pursuant to Fed.R.Civ.P. 15(d), see document 21 of record, defendants' motion to dismiss or, in the alternative, for summary judgment, see document 15 of record, and defendants motion for a protective order to stay discovery pending decision on their dispositive motion. For reasons that follow, the court will deny plaintiff's motion to supplement his complaint, will grant defendants' motion for summary judgment, and will dismiss defendants' motion for protective order as moot.

 BACKGROUND

 Plaintiff, an inmate at U.S.P.-Lewisburg, Pennsylvania, filed the above-captioned Bivens action pursuant to 28 U.S.C. § 1331 on March 22, 1988. See document 1 of record. In his complaint, plaintiff alleges that the defendants have violated his constitutional rights under the fifth and eighth amendments by housing him in a cell with a cellmate who, like plaintiff, is a chronic carrier of the Hepatitis B virus and by housing plaintiff on a floor of the facility on which "mental medical patients, AIDS Virus victims, and practicing homosexuals" reside. See id.

 On August 22, 1988, defendants filed a motion to dismiss or, in the alternative, for summary judgment, see document 15 of record, and a motion for a protective order staying discovery pending resolution of their dispositive motions. See document 16 of record. On September 1, 1988, plaintiff filed opposition to defendants' dispositive motion, see document 20 of record, opposition to defendants' motion for a protective order staying discovery, see document 19 of record, and a motion to supplement his complaint pursuant to Fed.R.Civ.P. 15(d). See document 21 of record.

 By Order of this court dated September 16, 1988, plaintiff's request for additional time to file a more appropriate response in opposition to defendants' dispositive motion was granted. See document 26 of record. Plaintiff filed his response on October 7, 1988. See document 29 of record.

 Defendants responded to plaintiff's motion to supplement his complaint pursuant to Fed.R.Civ.P. 15(d) on September 22, 1988. See document 38 of record. The time for the parties to file replies to the opposition to their respective motions has passed without further submission. Thus, these motions are now ripe for disposition.

 DISCUSSION

 I. Plaintiff's Motion To Supplement His Complaint

 An application for leave to file a supplemental pleading, like an application for leave to amend a complaint, is addressed to the sound discretion of the trial court. Bates v. Western Electric, 420 F. Supp. 521, 525 (E.D.Pa. 1976). Factors to be considered by the court include the promotion of a justicable disposition of the case, the delay or inconvenience the allowance of such a pleading will cause, and the prejudice to the rights of the parties to the action. Id., See also Wright and Miller, Federal Practice and Procedure § 1509 at 542-43. Additionally, a court may deny leave to file a supplemental pleading where that pleading relates only indirectly, if at all, to the original complaint and the alleged cause of action arose out an entirely unrelated set of facts and related to a defendant not implicated in the original complaint. Singleton v. Hoester, 505 F. Supp. 54, 57 (E.D. Mo. 1980); Brown v. Consolidated Fisheries Co., 17 F.R.D. 86, 87 (D. DEL. 1954).

 In the present case, plaintiff seeks to supplement the original complaint by adding three new defendants to the action. Plaintiff bases his claim against these defendants upon an allegation that the three denied him due process by remanding him to administrative custody. See documents 21 and 23 of record. The alleged deprivation occurred on August 12, 1988, almost five months after the original complaint was filed. In addition, only one of the original defendants' names, Leroy R. Blanks, appears in plaintiff's motion and only in the form of a vague allegation that defendant Blanks has promoted "a continual flow of willful civil and constitutional violations." See documents 21 of record.

 Defendants argue that to allow plaintiff to amend his complaint would deprive the three defendants named in the original complaint of the right to a prompt disposition of the case. See document 18 of record. The alleged deprivation of due process contained in the supplemental complaint, defendants contend, can more easily be resolved in a separate law suit. Id.

 After careful consideration of the factors outlined above, the court has decided to deny plaintiff's motion to supplement his complaint. This denial is based upon the court's view that allowing plaintiff to add this supplemental pleading to the instant action would do nothing to promote a justicable disposition of the case and would cause undue delay to the original defendants in the prompt resolution of this action. In light of the fact that plaintiff's supplemental pleading names new defendants and is based upon unrelated facts, its ...


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