Kohute v. Smith

District Court, E.D. Texas

Kohute v. Smith

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:23-cv-00386 Kevin James Kohute, Plaintiff, V. Sheriff Larry Smith, Defendant.

ORDER Plaintiff Kevin James Kohute, proceeding pro se, filed this civil rights lawsuit under

42 U.S.C. § 1983

while he was an inmate of the Smith County Jail. The case was referred to United States Magis- trate Judge K. Nicole Mitchell pursuant to

28 U.S.C. § 636

(b). On October 17, 2023, the magistrate judge issued a report rec- ommending that this case be dismissed without prejudice due to plaintiff’s failure to comply with the court’s order to satisfy the fee requirement and to keep the court apprised of his address. Doc. 7. A copy of the report was mailed to plaintiff, but it was returned as un- deliverable with a stamp indicating that he is no longer at his previ- ous address in the jail. Doc. 8. Plaintiff did not file written objections and has not notified the court of his new address. When no party objects to the magistrate judge’s report and rec- ommendation, the court reviews it only for clear error. See Douglass vy. United Servs. Auto. Ass’n,

79 F.3d 1415, 1420

(Sth Cir. 1996). Hav- ing reviewed the magistrate judge’s report, and being satisfied that it contains no clear error, the court accepts its findings and recommen- dation. This case is dismissed without prejudice. So ordered by the court on January 17, 2024. _fLacbok BARKER United States District Judge

Reference

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