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