ALLEN v. CARY'S POLICE DEPARTMENT

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:20-CV-144-BO DERRICK ALLEN, ) Plaintiff, V. ORDER ) ) OFFICER N. COFFEY, ) Defendant. This cause comes before the Court on defendant’s motion to dismiss for insufficient service of process and failure to state a claim and plaintiffs motions to amend the complaint and to appoint counsel. For the following reasons, plaintiff's motions are denied and defendant’s motion is granted. BACKGROUND On September 14, 2019, defendant Officer N. Coffey, allegedly acting under the color of state law, pulled…