Cherry v. Spence

ORDER

JAMES C. DEVER III, District Judge.

Defendants Officer Shawn Spence (“Spence”), Officer Erin Ellerman (“Ellerman”),1 and the City of Henderson, North Carolina (“City”)2 (collectively, “defendants”) move to dismiss plaintiff Joseph M. Cherry, II’s (“Cherry” or “plaintiff’) complaint on multiple grounds under Federal Rule of Civil Procedure 12(b). Because plaintiff did not properly serve process on any of the defendants he purported to sue, defendants’ motion to dismiss is granted.

I

On November 26, 2007, plaintiff filed a pro se complaint. Plaintiff purported to sue Offi*228cer Spence in his…