Cagle v. Weber et al

Filing 13

ORDER OF PARTIAL DISMISSAL Regarding Counts II - IX of 1 Complaint, filed by Anthony Cagle. Signed by District Judge John Corbett O'Meara. (WBar)

-MAR Cagle v. Weber et al

Doc. 13

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ANTHONY CAGLE, Plaintiff, Case No. 10-13450 v. Hon. John Corbett O'Meara JEFFREY WEBER, et al., Defendants. _________________________/ ORDER OF PARTIAL DISMISSAL On August 28, 2010, Plaintiff filed a complaint setting forth the following causes of action: Count I, violation of 42 U.S.C. § 1983; Count II, conspiracy under state law; Count III, trespass; Count IV, fraud; Count V, abuse of process; Count VI, intentional infliction of emotional distress; Count VII, intrusion; Count VIII, conversion; and Count IX, extortion. Diversity jurisdiction is not alleged. Although alleged civil rights violations brought pursuant to 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. This court declines to exercise supplemental jurisdiction over the state law claims. 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). Accordingly, IT IS HEREBY ORDERED that Counts II-IX of the complaint are DISMISSED. s/John Corbett O'Meara United States District Judge Date: October 1, 2010

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I hereby certify that a copy of the foregoing document was served upon the parties of record on this date, October 1, 2010, using the ECF system and/or ordinary mail. s/William Barkholz Case Manager