Opinion
23-11597
07-13-2023
ELIZABETH NELSON and ALBERT THROWER, Plaintiffs, v. ROBERT SCOTT, et al., Defendants.
ORDER DISMISSING PLAINTIFFS' STATE LAW CLAIMS WITHOUT PREJUDICE
NANCY G. EDMUNDS, UNITED STATES DISTRICT JUDGE
Pro se Plaintiffs Elizabeth Nelson and Albert Thrower bring this civil right lawsuit under 42 U.S.C. § 1983. (ECF No. 1.) Plaintiffs' complaint also alleges a number of common law claims under state law. Because the parties in this matter are non-diverse, the Court declines to exercise supplemental jurisdiction over Plaintiffs' state law claims so as to avoid jury confusion. See 28 U.S.C. § 1367(c)(4); Moor v. Cty. of Alameda, 411 U.S. 693, 716 (1973); Padilla v. City of Saginaw, 867 F.Supp. 1309, 1315 (E.D. Mich. 1994). Thus, pursuant to § 1367(c), the state law claims in Plaintiffs' complaint, including those in “Claim Number Five,” are hereby DISMISSED WITHOUT PREJUDICE. The Court will retain jurisdiction over Plaintiffs' federal claims only.
Plaintiffs also mention the Michigan Constitution.
SO ORDERED.
I hereby certify that a copy of the foregoing document was served upon counsel of record on July 13, 2023, by electronic and/or ordinary mail.
Lisa Bartlett Case Manager