Lundy v. Pontiac, City of et al

Filing 7

ORDER of Partial Dismissal re 1 Complaint, filed by Charles Lundy. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

CHARLES LUNDY,
Case No. 12-10965
Plaintiff,
Honorable John Corbett O’Meara
v.
CITY OF PONTIAC, et. al.,
Defendants.
/
ORDER OF PARTIAL DISMISSAL
Plaintiff Charles Lundy filed a 12-count complaint in this court alleging seven causes of action
arising under 42 U.S.C. § 1983 and the United States Constitution. An additional five causes of
action allege state law claims: Count VII, malicious prosecution; Count VIII, assault and battery;
Count IX, false arrest and/or false imprisonment; Count X, intentional infliction of emotional
distress; and Count XI, gross negligence.
Although Plaintiff’s causes of action arising under federal statutes are cognizable in this court
pursuant to 28 U.S.C. § 1331, the remaining allegations present claims based solely on state law.
This court declines to exercise supplemental jurisdiction over Plaintiff’s state law claims in order
to avoid jury confusion. See 28 U.S.C. § 1367(c); United Mine Workers v. Gibbs, 383 U.S. 715
(1966); and Padilla v. City of Saginaw, 867 F. Supp. 1309 (E.D. Mich. 1994). Accordingly, it is
hereby ORDERED that Counts VII, VIII, IX, X, and XI are DISMISSED.
s/John Corbett O'Meara
United States District Judge

Date: June 7, 2012

I hereby certify that a copy of the foregoing document was served upon counsel of record on
this date, June 7, 2012, using the ECF system.

s/William Barkholz
Case Manager

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