Rogers v. Detroit, City of

Filing 4

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

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JASON ROGERS, Plaintiff, Case No. 12-10858 v. Hon. John Corbett O’Meara CITY OF DETROIT, Defendant. ________________________/ ORDER OF PARTIAL DISMISSAL On February 26, 2012, Plaintiff filed his complaint, alleging violations of 42 U.S.C. § 1983 (Count I) and the Michigan Constitution (Count II). 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 Count II of Plaintiff’s complaint is DISMISSED. s/John Corbett O’Meara United States District Judge Date: March 16, 2012 I hereby certify that a copy of the foregoing document was served upon counsel of record on this date, March 16, 2012, using the ECF system. s/William Barkholz Case Manager

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