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Lloyd v. Morgan — opinion and order, Doc. 25

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DENIED, in part. ECF No. 10. More specifically, the Court hereby DISMISSES: (1) all of Plaintiff's claims against the Sheriff in his official capacity; (2) Plaintiff's claims under 42 U.S.C. § 1983 against the Sheriff in his individual capacity; and (3) Plaintiff's state law claims against the Sheriff for simple negligence. After dismissing such matters, theonly claim remaining against the Sheriff is Plaintiff's state law gross negligence claim. In light of suchruling, and as discussedbelow, Plaintiff is hereby ORDERED to file a brief demonstrating why the claims remaining in this case should not also be dismissed. According to 28 U.S.C. § 1367(a), discussing supplemental jurisdiction of the United States district courts: [I]n any civil action of which the district courts have original jurisdiction, the district courts shall have supplemental jurisdiction over all other claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy under Article III of the United States Constitution. 28 U.S.C. § 1367(a). However, subsection (c) of that same statute states as follow: The district courts may decline to exercise supplemental jurisdiction over a claim under subsection (a) if-- (1) the claim raises a novel or complex issue of State law, (2) the claim substantially predominates over the claim or claims over which the district court has original jurisdiction, (3) the district court has dismissed all claims over which it has original jurisdiction, or (4) in exceptional circumstances, there are other compelling reasons for declining jurisdiction.
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