Batson v. Hoover et al

Filing 3

ORDER OF PARTIAL DISMISSAL RE 1 Complaint,, filed by Omar Batson. Signed by District Judge John Corbett O'Meara. (WBar)

Download PDF
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION OMAR BATSON, Plaintiff, Case No. 17-12214 v. Hon. John Corbett O’Meara GENESEE COUNTY SHERIFF’S DEPUTY “HOOVER,” et al., Defendants. ________________________/ ORDER OF PARTIAL DISMISSAL Plaintiff filed his complaint on July 6, 2017, alleging claims under 28 U.S.C. §1983 and various tort claims, including gross negligence and intentional infliction of emotional distress. Although Plaintiff’s § 1983 claims 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 Plaintiff’s state law 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); Sanford v. Detroit Pub. Schs., 2014 WL 1922722 (E.D. Mich. 2014) (“Mixing federal-law claims with supplemental statelaw claims can cause procedural and substantive problems; in the interest of judicial economy and convenience, these problems should be avoided.”). Accordingly, the state law claims set forth in Plaintiff’s complaint are DISMISSED WITHOUT PREJUDICE. SO ORDERED. s/John Corbett O’Meara United States District Judge Date: July 26, 2017 I hereby certify that a copy of the foregoing document was served upon counsel of record on this date, July 26, 2017, using the ECF system. s/William Barkholz Case Manager -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?