Kohute v. Tyler Junior College Principal

District Court, E.D. Texas

Kohute v. Tyler Junior College Principal

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:23-cv-00385 Kevin James Kohute, Plaintiff, V. Tyler Junior College Principal, Defendant.

ORDER Plaintiff Kevin James Kohute filed this action pursuant to

42 U.S.C. § 1983

alleging violations of his constitutional rights. Doc. 1. The case was referred to United States Magistrate Judge K. Ni- cole Mitchell pursuant to

28 U.S.C. § 636

(b). On August 9, 2024, the magistrate judge issued a report rec- ommending that the complaint be dismissed with prejudice for failure to state a claim. Doc. 5. The report was returned with the notation “no longer at this address” after it was sent to plaintiff at the address provided by plaintiff. Doc. 6. Plaintiff has not filed written 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 with prejudice. Any pending motions are denied as moot.

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Consistent with the court’s sanction previously imposed, see Kohute v. Nat’! Rifle Ass’n, No. 6:24-cv-00475 (E.D. Tex. Jan. 29, 2025), the clerk shall not accept any new lawsuits from Kevin Ko- hute unless such lawsuit is filed by an attorney licensed to practice in the U.S. District Court for the Eastern District of Texas and the filing fee is paid at the outset of the case. So ordered by the court on February 7, 2025.

j! CAMPBELL BARKER United States District Judge

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Reference

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