Citation Codes Equivalent Citations citation codes Docket Number 8:99CV213 Judges KATHLEEN A. JAUDZEMIS, United States Magistrate Judge. See more information ... Smart Summary Please sign up to generate summary. UNITED STATES OF AMERICA, Plaintiff, v. BETTY T. WOODS, Defendant. ORDER KATHLEEN A. JAUDZEMIS, United States Magistrate Judge. This case has been referred to the magistrate judge for full pretrial supervision. Plaintiff has filed a "Request to Enter Default" (#3). The court file shows, however, that the summons (#2) was not signed or sealed by the Clerk. Because the summons was not properly issued under Fed.R.Civ.P. 4, the defendant has not been properly served. "The failure of a plaintiff to obtain valid process from the court to provide it with personal jurisdiction over the defendant in a civil case is fatal to the plaintiff's case. The parties cannot waive a void summons." Ayres v. Jacobs Crumplar, P.A., 99 F.3d 565, 569 (3d Cir. 1996);accord Khorozian v. McCullough, 186 F.R.D. 325 (D.N.J. 1999). For this reason, IT IS ORDERED that plaintiff's request to enter default (#3) is denied.