Kohute v. US Secret Service Office
Kohute v. US Secret Service Office
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:24-cv-00152 Kevin James Kohute, Plaintiff, v. U.S. Secret Service Office, Defendant.
ORDER Plaintiff Kevin James Kohute filed this action against the U.S. Secret Service, complaining that he had difficulty finding job ap- plication forms. Doc. 1. The case was transferred from the Beau- mont Division to the Tyler Division and referred to United States Magistrate Judge K. Nicole Mitchell pursuant to
28 U.S.C. § 636(b). On December 9, 2024, the magistrate judge issued a report recommending that the complaint be dismissed without prejudice for failure to prosecute due to plaintiff’s failure to provide a cor- rect address. Doc. 7. The report was returned “undeliverable” at the address on file for plaintiff. Doc. 8. Plaintiff has not filed writ- ten objections or provided a current address. The Local Rules state that a pro se litigant “must provide the court with a physical address . . . and is responsible for keeping the clerk advised in writing of his or her current physical address.” Local Rule CV-11(d); see also Anderson v. Munger, No. 5:17-cv- 00175,
2019 WL 2929056, at *1 (E.D. Tex. July 8, 2019) (“The Court has no duty to locate litigants ....”). When a party fails to object to a magistrate judge’s report, the court reviews the record only for clear error. See Douglass ». United Servs. Auto. Ass’n,
79 F.3d 1415, 1420(5th 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
recommendation. The court dismisses this action without preju- dice. Any pending motions are denied as moot. So ordered by the court on February 5, 2025.
j! CAMPBELL BARKER United States District Judge
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Reference
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