Plummer v Shewsbury et al

Filing 7

ORDER OF PARTIAL DISMISSAL of 1 Complaint as to Counts I, II, III, and IX, filed by Devin Plummer. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DEVIN PLUMMER, Plaintiff, Case No. 08-13280 v. Hon. John Corbett O'Meara AARON SHEWSBURY, et al., Defendants. ___________________________/

ORDER OF PARTIAL DISMISSAL On July 30, 2008, Plaintiff filed a complaint setting forth the following counts: Count I, false arrest/imprisonment; Count II, intentional infliction of emotional distress; Count III, gross negligence; Count IV, violations of 42 U.S.C. § 1983; Count VIII, municipal liability under § 1983; and Count IX, slander per se.1 The case was reassigned to this court on September 19, 2008. Although alleged violations of 42 U.S.C. § 1983 are cognizable in this court pursuant to 28 U.S.C. § 1331, the remaining allegations present claims based on state law. Since the parties to this matter are not 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); United Mine Workers v. Gibbs, 383 U.S. 715 (1966); Padilla v. City of Saginaw, 867 F. Supp. 1309 (E.D. Mich. 1994).

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The complaint does not contain counts labeled V, VI, or VII.

Accordingly, it is hereby ORDERED that Counts I, II, III, and IX of Plaintiff's complaint are DISMISSED.

s/John Corbett O'Meara United States District Judge Date: September 26, 2008

I hereby certify that a copy of the foregoing document was served upon the parties of record on this date, September 26, 2008, by electronic and/or ordinary mail. s/William Barkholz Case Manager

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