IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
March 20, 2012
CO LINDLER & DR. DEMPSEY DEFENDANTS
The opinion of the court was delivered by: Judge Conner
AND NOW, this 20th day of March, 2012, upon consideration of plaintiff Jones' motion to supplement his complaint (Doc. 107), wherein he seeks leave to serve a supplemental complaint alleging retaliation upon officials of State Correctional Instutite (SCI)-Mahanoy, where Jones is current incarcerated, for opening his legal mail outside of his presence during the pendency of this action; and upon equal consideration of defendant Lindler's brief in opposition (Doc. 109), wherein Lindler saliently observes that the claim that Jones seeks to supplement is entirely unrelated to the original subject matter of the complaint-defendants' alleged failure to protect him from assault by another inmate-and that, moreover, dispositive motions on the remaining claims in Jones' complaint have already been filed (Docs. 78, 95); and, cognizant of a district court's broad discretion over whether to permit supplemental complaints,*fn1 coupled with the recognition that allowing a supplement of the sort that Jones seeks would neither promote justiciability of the current claims (rather, it would surely delay a justiciable outcome) nor prejudice Jones' ability to set forth his retaliation claim in another forum if he so chooses,*fn2 it is hereby ORDERED that plaintiff's motion to supplement his complaint (Doc. 107) is DENIED.
CHRISTOPHER C. CONNER United States District Judge