Zulpykhar Bektas v. Mollie Isaacson

Summary

The United States District Court for the District of New Jersey denied without prejudice Plaintiff Zulpykhar Bektas’s motion for default judgment in an action alleging unreasonable delay in adjudicating an affirmative asylum application. The court held that the record did not establish proper service on the Attorney General as required by Federal Rule of Civil Procedure 4(i), and therefore declined to reach the merits.

Holdings

1. Default judgment may not be entered unless the plaintiff establishes valid service of process. Because the record did not demonstrate service on the Attorney General as required by Rule 4(i), Plaintiff was not entitled to default judgment.
2. The Clerk's entry of default does not cure defective service or supply personal jurisdiction over the defendant.

Questions Presented

1. Whether default judgment may be entered against a federal officer when the record does not establish service on both the United States Attorney and the Attorney General as required by Federal Rule of Civil Procedure 4(i).
2. Whether the Clerk's entry of default cures an underlying defect in service or permits the court to exercise personal jurisdiction over the defendant.

Disposition

other