Opinion
Case No. 12-13031
09-07-2012
DARRICK BELLMAN, Plaintiff, v. THE COUNTY OF WAYNE, et. al., Defendants.
Honorable John Corbett O'Meara
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.
John Corbett O'Meara
United States District Judge
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.
William Barkholz
Case Manager