Kohute v. Swartzennegar

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United States District Court
Northern District of California
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
KEVIN JAMES KOHUTE,
Plaintiff,
v.
ARNOLD SWARTZENNEGAR,
Defendant.
Case No. 25-cv-10362-PCP
ORDER DISMISSING ACTION
WITHOUT PREJUDICE
The above-captioned pro se civil rights action was filed on December 3, 2025. On that
date, the Clerk notified Plaintiff that the action was deficient because he had neither paid the filing
fee, nor filed a completed in forma pauperis (“IFP”) application. Dkt. No. 4. Plaintiff was advised
that failure to pay the fee or file the missing trust statement within 28 days would result in
dismissal of the action. See id.
Plaintiff did not pay the filing fee or file a trust statement. The deadline by which to do so
has passed. This federal civil rights action is DISMISSED without prejudice for failure to comply
with the Clerk’s Notice and for failure to prosecute. See Federal Rule of Civil Procedure 41(b).
Because this dismissal is without prejudice, Plaintiff may ask to reopen the action. To do
this, he must file a motion with the words MOTION TO REOPEN written on the first page and
must file and perfect his IFP application.
The Clerk shall terminate all pending motions and close the file.
IT IS SO ORDERED.
Dated: February 23, 2026
P. Casey Pitts
United States District Judge
Case 5:25-cv-10362-PCP Document 8 Filed 02/23/26 Page 1 of 1