Opinion
Case No. 06-10340.
February 10, 2006
ORDER OF PARTIAL DISMISSAL
On January 25, 2006, Plaintiff filed a two-count complaint alleging violations of the Real Estate Settlement and Procedures Act (RESPA) (Count I) and breach of contract (Count II). Plaintiff does not allege that diversity jurisdiction exists. Although Plaintiff's RESPA claim is cognizable in this court pursuant to 28 U.S.C. § 1331, Plaintiff's breach of contract claim is based on state law. Pursuant to 28 U.S.C. § 1367(c), a district court may decline to exercise supplemental jurisdiction over state law claims raised in federal question cases. See United Mine Workers v. Gibbs, 383 U.S. 715 (1966); Padilla v. City of Saginaw, 867 F. Supp. 1309 (E.D. Mich. 1994). Because Plaintiff does not assert diversity jurisdiction under 28 U.S.C. § 1332, this court declines to exercise supplemental jurisdiction over Plaintiff's state law claim.
IT IS HEREBY ORDERED that Count II of Plaintiff's complaint is DISMISSED.