U.S. v. WOODS, (D.Neb. 1999)

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.