Timothy Omar Hankins v. Wells Fargo Bank, et al.

Summary

The United States District Court for the Eastern District of North Carolina adopts three magistrate judge recommendations and grants motions to dismiss claims against the Town of Garner, Wake County, and the City of Raleigh. The court holds that Plaintiff failed to properly serve the municipalities under Federal Rule of Civil Procedure 4(j)(2) and North Carolina law by serving their attorneys rather than authorized executive officers. The claims against the three municipal defendants are dismissed for insufficient service of process and lack of personal jurisdiction.

Holdings

1. Plaintiff failed to properly serve the Town of Garner, Wake County, and the City of Raleigh because he served or attempted to serve their attorneys rather than the municipalities' chief executive officers or another person authorized by Federal Rule of Civil Procedure 4(j)(2) or North Carolina law.
2. The court lacked personal jurisdiction over the Town of Garner, Wake County, and the City of Raleigh because Plaintiff failed to effect proper service of process.
3. The court overruled Plaintiff's objections and adopted in full the rationales and conclusions of the three Memoranda and Recommendations.

Questions Presented

1. Whether Plaintiff properly served the Town of Garner, Wake County, and the City of Raleigh under Federal Rule of Civil Procedure 4(j)(2) or applicable North Carolina law.
2. Whether the failure to properly serve the municipal defendants deprived the district court of personal jurisdiction over them.
3. Whether the magistrate judge's recommendations should be adopted after review of Plaintiff's objections.

Disposition

dismissed