Kohute v. YouTube LLC

United States District Court for the Northern District of California

Kohute v. YouTube LLC

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 San Francisco Division 11 KEVIN JAMES KOHUTE, Case No. 25-cv-00636-LB

12 Plaintiff,

13 v. ORDER REASSIGNING CASE; REPORT AND RECOMMENDATION 14 YOUTUBE LLC, TO DISMISS 15 Defendant. Re: ECF No. 1 16 17 The plaintiff, who is representing himself and proceeding in forma pauperis, sued YouTube 18 LLC, claiming a deprivation of his civil rights under

42 U.S.C. § 1983

, based on YouTube’s 19 allowing videos on its platform of marijuana shops growing more than four plants in violation of 20 unspecified U.S. Department of Agriculture regulations.1 Because the plaintiff is proceeding in 21 forma pauperis, the court screened the case under

28 U.S.C. § 1915

(e)(2)(B) and issued an order 22 (attached) identifying deficiencies in the complaint: (1) the plaintiff did not allege state action 23 supporting a § 1983 claim, and (2) there is no private right to sue someone for showing videos of 24 marijuana. The court mailed the order to the plaintiff, but it was returned as undeliverable.2 The 25 26 27 1 Compl. – ECF No. 1 at 2–3. Citations refer to material in the Electronic Case File (ECF); pinpoint citations are to the ECF-generated page numbers at the top of documents. 1 court then emailed the order to the plaintiff and allowed him until March 24, 2025, to amend the 2 || complaint.? He did not. There are no viable claims. The case should be dismissed. 3 Because not all parties have appeared in the case and consented to magistrate-judge 4 || jurisdiction, the case must be reassigned. 28 U.S.C. 636(c)(1); Williams v. King,

875 F.3d 500

, 5 503-04 (9th Cir. 2017). The court directs the Clerk of Court to reassign the case to a district judge 6 || and recommends that the newly assigned district judge dismiss the case. Any party must serve and 7 || file specific written objections to this recommendation within fourteen days after being served 8 || with a copy.

28 U.S.C. § 636

(b)(1)(C); Fed. R. Civ. P. 72(b)(2); N.D. Cal. Civ. L.R. 72-3. Failure 9 || to file a written objection within the specified time may waive the right to appeal the district 10 || court’s order. 11 IT IS SO ORDERED AND RECOMMENDED. Dated: March 26, 2025 LAE

13 eo LAUREL BEELER 14 United States Magistrate Judge

16

17

Oo Z 18 19 20 21 22 23 24 25 26 27 28 3 Order — ECF No. 6.

Reference

Status
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