Opinion
No. 02 C 4016
July 19, 2002
MEMORANDUM OPINION AND ORDER
Plaintiff moves for entry of a default judgment. Because defendant has not been properly served, it is not in default. The motion is, therefore, denied. Pursuant to Rule 4 of the Federal Rules of Civil Procedure, a plaintiff, if he wishes to proceed by mailing a copy of the summons and complaint, must also request waiver of service by the proper form. The defendant then accepts service by signing and returning the form, or refuses to accept service by failing to sign and return the form. If the defendant refuses to accept service, plaintiff must then serve the defendant personally. Here the record indicates that plaintiff did not send a waiver form, none was returned, and defendant has not been personally served.
We also add that we have considerable difficulty in understanding the nature of plaintiff's claim.