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)

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

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