Puffpaff v. Labish et al

Filing 5

ORDER re 1 Complaint, counts three and four are dismissed without prejudice - Signed by District Judge Nancy G. Edmunds. (LBar)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION HEATHER PUFFPAFF, Case No. 18-10453 Plaintiff, Honorable Nancy G. Edmunds v. SCOTT LABISH, et al. Defendants. / ORDER DISMISSING PLAINTIFF'S STATE LAW CLAIMS Plaintiff filed this civil rights lawsuit against two officers employed by the Macomb County Sheriff's Office and Macomb County. The Complaint alleges violations of the United States Constitution and 42 U.S.C. § 1983. Additionally, there are two state law claims arising under Michigan law. Seeing as the parties to this matter are non-diverse, this Court declines to exercise supplemental jurisdiction over the latter claims so as to avoid jury confusion. See 28 U.S.C. § 1367(c); Moor v. Alameda Cnty., 411 U.S. 693, 716 (1973); Padilla v. City of Saginaw, 867 F. Supp. 1309, 1315 (E.D. Mich. 1994). Thus, pursuant to 28 U.S.C. § 1367(c), all of Plaintiff's claims based on state law, including all claims found in Counts Three through Four, are hereby DISMISSED WITHOUT PREJUDICE. This Court will retain jurisdiction over Plaintiff's federal claims only. SO ORDERED. s/Nancy G. Edmunds Nancy G. Edmunds United States District Judge Dated: March 7, 2018 I hereby certify that a copy of the foregoing document was served upon counsel of record on March 7, 2018, by electronic and/or ordinary mail. s/Lisa Bartlett Case Manager 2

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