Kohute v. Mouton et al

Filing 9

ORDER ADOPTING 6 REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. It is accordingly ORDERED that the complaint is hereby DISMISSED WITH PREJUDICE. Signed by District Judge Jeremy D. Kernodle on 12/14/2018. (rlf)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
KEVIN JAMES KOHUTE,
Plaintiff,
v.
ALICIA MOUTON, MINNIE WINSTON,
Defendants.

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CIVIL ACTION NO. 6:18-CV-00282-JDK

ORDER ADOPTING REPORT AND RECOMMENDATION OF
UNITED STATES MAGISTRATE JUDGE
The above entitled and numbered civil action was referred to United States Magistrate
Judge John D. Love pursuant to 28 U.S.C. § 636. On October 2, 2018, the Magistrate Judge
issued a Report and Recommendation (Docket No. 6), recommending that Plaintiff’s complaint
be dismissed with prejudice for failure to state a basis for jurisdiction or allege a claim upon
which relief can be granted. On October 5, 2018 Plaintiff received a copy of the
Magistrate Judge’s Report and Recommendation.

Docket No. 7.

The Report and

Recommendation informed Plaintiff of his rights to object to the Report and Recommendation
within 14 days, and further informed him that a failure to timely object shall bar “de novo review
by the district judge of those findings, conclusions and recommendations and, except on grounds
of plain error, from appellate review of unobjected-to factual findings and legal conclusions
accepted and adopted by the district court.” Docket No. 6 at 3 (citing Douglass v. United States
Auto. Ass’n, 79 F.3d 1415, 1430 (5th Cir. 1996)).

Since the service of the Report and

Recommendation on October 5, 2018, Plaintiff has not filed objections and the prescribed time

period for doing so has passed.
Having reviewed the findings and conclusions of the Magistrate Judge, the Court agrees
with the Magistrate Judge. Therefore, the Court hereby adopts the findings and conclusions
of the Magistrate Judge as the findings and conclusions of the Court. It is accordingly
ORDERED that the complaint is hereby DISMISSED WITH PREJUDICE.

Signed this
Dec 14, 2018

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