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)

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

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