Okunrounmu v. Dearborn et al

Filing 3

ORDER OF PARTIAL DISMISSAL of 1 Complaint, filed by Olajide Okunrounmu. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

OLAJIDE AKUNROUNMU,
Case No. 17-13277

Plaintiff,

Honorable John Corbett O’Meara

v.
CITY OF DEARBORN, et. al.,
Defendants.
/

ORDER OF PARTIAL DISMISSAL
Plaintiff Olajide Akunrounmu recently filed a 14-count complaint in this court.
The causes of action are misnumbered and out-of-sequence; however, these clerical
errors are inconsequential to this order.
The first seven counts identified in the complaint allege violations of 42 U.S.C.
§ 1983. The last count of the Complaint, identified as Count XII, alleges federal
copyright infringement. The remaining counts, Count VIII, for defamation; Count IX,
for intentional infliction of emotional distress; Count XIII, for civil conspiracy under
Michigan common law; Count IX1, for abuse of process under Michigan common law;
Count X, for negligence, gross negligence and recklessness; and Count XI, for

1

This is the second claim in the Complaint to be labeled Count IX.

invasion of privacy under state law, allege causes of action arising under Michigan
state law.
The parties to this action are not diverse. Therefore, this court declines to
exercise supplemental jurisdiction over Plaintiff’s state law claims to avoid jury
confusion. See 28 U.S.C. § 1367(c); United Mine Workers v. Gibbs, 282 U.S. 715
(1966); Padilla v. City of Saginaw, 867 F. Supp. 1309 (E.D. Mich. 1994).
ORDER
It is hereby ORDERED that Counts VIII, IX for intentional infliction of
emotional distress, IX for abuse of process under Michigan common law, X, XI, and
XIII are DISMISSED WITHOUT PREJUDICE.

s/John Corbett O'Meara
United States District Judge
Date: October 24, 2017

I hereby certify that a copy of the foregoing document was served upon counsel
of record on this date, October 24, 2017, using the ECF system.

s/William Barkholz
Case Manager