Bellman v. Wayne, County of, et al.

Filing 2

ORDER OF PARTIAL DISMISSAL. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

DARRICK BELLMAN,
Case No. 12-13031
Plaintiff,
Honorable John Corbett O’Meara
v.
THE COUNTY OF WAYNE, et. al.,
Defendants.
/
ORDER OF PARTIAL DISMISSAL
Plaintiff Darrick Bellman filed a two-count complaint in this court July 10, 2012, alleging
gross negligence in Count I and violations of his constitutional rights in Count II.
Although Plaintiff’s cause of action arising under the United States Constitution is
cognizable in this court pursuant to 28 U.S.C. § 1331, the allegations of gross negligence presented
in Count I are based solely on state law. This court declines to exercise supplemental jurisdiction
over Plaintiff’s state law claim 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).
Therefore, it is hereby ORDERED that Count I of the complaint is DISMISSED.

s/John Corbett O'Meara
United States District Judge

Date: September 7, 2012

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

s/William Barkholz
Case Manager

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