Opinion
CIVIL ACTION NO. 2:08cv77-MTP.
January 13, 2009
ORDER
THIS MATTER is before the court on the Plaintiff's Motion for Order to Send Plaintiff to a Medical Specialist [27]. Having considered the motion and the applicable law, the court finds that the Motion [27] should be DENIED.
In his Motion [27], Plaintiff seeks an order from the court requiring the MDOC to send him to a foot specialist for an "assessment of his feet." This matter does not involve a medical claim regarding Plaintiff's feet; rather, it involves an excessive force claim. See Scheduling and Case Management Order [20]. Plaintiff filed an identical motion in another case that does involve a claim for inadequate medical treatment for his feet. See Motion [49], Case No. 2:07cv353-MTP. Accordingly, the court will consider Plaintiff's Motion [49] filed in that case in due course.
To the extent Plaintiff seeks to amend his complaint in this case to include a claim for inadequate medical treatment for his feet, such request is denied. Plaintiff's purported medical claim is unrelated to the original claim and Defendant in this matter; thus the additional claim does not arise out of the same conduct, transaction, or occurrence as set forth in the original complaint. See Fed.R.Civ.P. 15(c). Further it appears that such additional claim would be duplicative of the claims asserted in Plaintiff's other action pending before the court, Case No. 2:07cv353-MTP.
Moreover, Plaintiff has had ample opportunities to amend his pleadings, and was allowed to clarify his claims during his Spears hearing. Allowing Plaintiff to continue to add claims and parties as they arise will only delay the disposition of the claims currently before the court. See Singletary v. St. Tammany Parish Sheriff, No. Civ. A. 05-299, 2005 WL 3543826, at *1 (E.D. La. Nov. 17, 2005) (denying plaintiff's motion to amend, reasoning that "[j]ustice does not require that he be allowed to continually amend his complaint to add new claims as they occur. . . . At some point, continual revisions to the complaint to add new claims thwart the ends of justice, in that they delay resolution of the pending claims").
Accordingly, Plaintiff's motion [27] is DENIED.
SO ORDERED.