Devlin v. Kalm et al

Filing 2

ORDER OF PARTIAL DISMISSAL as to Count II of 1 Complaint filed by Patrick J Devlin. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION PATRICK DEVLIN Plaintiff, v. RICHARD S. KALM, FREDERICK J. CLELAND, ERIC T. BUSH, DALE E. BEACHNAU, MICHAEL DAVIS, DOMINICK P. ALGANA, and JANET M. McCLELLAND, jointly and severally, Case No. 08-13421 Honorable John Corbett O'Meara

Defendants. / ORDER OF PARTIAL DISMISSAL Plaintiff filed a three-count complaint in this court on August 7, 2008, alleging the following: in Count I, violations of his First and Fourteenth Amendment freedom of speech rights; in Count II, violation of Michigan's Elliott Larsen Civil Rights Act, pursuant to M.C.L. § 37.2101 et seq.; and in Count III, violation of Plaintiff's 14th Amendment procedural due process rights as outlined by Loudermill v. Cleveland Board of Education, 40 U.S. 532 (1985). While the claims alleging violations of federal law are cognizable in this court pursuant to 28 U.S.C. §§ 1331, 1337, the remaining allegations in the complaint present claims based on state law. The parties to this matter are not diverse. Therefore, this court declines to exercise pendent jurisdiction over the state claim. See United Mine Workers v. Gibbs, 383 U.S. 715 (1966); 28 U.S.C. § 1367(c). Accordingly, it is hereby ORDERED that Count II is DISMISSED.

s/John Corbett O'Meara United States District Judge Date: September 5, 2008

I hereby certify that a copy of the foregoing document was served upon plaintiff on this date, September 5, 2008, by ordinary mail.

s/William Barkholz Case Manager

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