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)

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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

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