Wineman v. Alonzi et al
Filing
5
ORDER OF PARTIAL DISMISSAL OF 1 Complaint,, filed by Anthony Mark Wineman. Signed by District Judge John Corbett O'Meara. (WBar)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ANTHONY MARK WINEMAN,
Plaintiff,
Case No. 11-12998
v.
Hon. John Corbett O’Meara
CITY OF KEEGO HARBOR, et al.,
Defendants.
_________________________________/
ORDER OF PARTIAL DISMISSAL
On July 12, 2011, Plaintiff filed a complaint alleging the following causes of action:
Count I, false arrest/imprisonment; Count II, violation of 42 U.S.C. § 1983; Count III, municipal
liability under § 1983; and Count IV, gross negligence.
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 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).
Accordingly, IT IS HEREBY ORDERED that Plaintiff’s gross negligence and false
arrest/imprisonment claims, to the extent that they are based upon state law, are DISMISSED.
s/John Corbett O’Meara
United States District Judge
Date: July 29, 2011
I hereby certify that a copy of the foregoing document was served upon counsel of record
on this date, July 29, 2011, using the ECF system.
s/William Barkholz
Case Manager
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?