Kohute v. McKell et al

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No. 6:25-cv-00386
Kevin James Kohute,
Plaintiff,
v.
Officer McKell et al.,
Defendants.
O R D E R
Plaintiff, an inmate of the Smith County jail proceeding pro
se, filed this civil rights lawsuit without paying the filing fee in the
U.S. District Court for the Northern District of California. Doc.
1. The case was transferred to this court for proper venue (Doc.
5) and referred to a magistrate judge.
The magistrate judge issued a report recommending that
plaintiff’s lawsuit be dismissed without prejudice as barred by
sanctions previously imposed by this court. Doc. 7 at 2. Those
sanctions prohibit him from filing any lawsuit without representa-
tion by a licensed attorney and full prepayment of the filing fee.
Id. at 1–2. The report also recommended that the court assess the
full $405.00 filing fee against plaintiff. Id. at 2. Plaintiff did not
file written objections.
When there have been no timely objections to a report, “the
court need only satisfy itself that there is no clear error on the face
of the record.” Fed. R. Civ. P. 72(b), advisory committee’s notes
to 1983 amendment. Having reviewed the record and being satis-
fied that there is no clear error, the court accepts the report’s find-
ings and recommendations. All claims in this matter are dismissed
without prejudice as barred by the sanction this court imposed in
Kohute v. National Rifle Association, No. 6:24-cv-00475 (E.D. Tex.
Jan. 29, 2025), Doc. 6. Furthermore, plaintiff is ordered to pay the
full $405.00 filing fee in a manner to be ordered by the magistrate
judge. Any pending motions are denied as moot.
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So ordered by the court on January 16, 2026.
J. CAM PB EL L BA RK ER
United States District Judge
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