Kohute v. YouTube LLC

Background

Kevin James Kohute sued YouTube LLC under 42 U.S.C. § 1983, the federal civil-rights statute that allows certain claims against people acting for a state government. He represented himself and sought to proceed without paying filing fees. His claim was based on YouTube allowing videos on its platform showing marijuana shops growing more than four plants, allegedly in violation of unspecified U.S. Department of Agriculture regulations.

Screening and identified problems

Because Kohute was proceeding without paying filing fees, the court screened the complaint under 28 U.S.C. § 1915(e)(2)(B). The court identified two deficiencies: Kohute did not allege state action supporting a § 1983 claim, and there was no private right to sue someone for showing videos of marijuana.

The court mailed the screening order to Kohute, but the mailing was returned as undeliverable. The court then emailed the order and gave him until March 24, 2025, to amend his complaint. He did not amend it. The court concluded that there were no viable claims.

Order and recommendation

Magistrate Judge Laurel Beeler directed the Clerk of Court to reassign the case to a district judge because not all parties had appeared and consented to magistrate-judge jurisdiction. She recommended that the newly assigned district judge dismiss the case. The opinion does not state that the district judge had already adopted the recommendation or entered a dismissal.

Any party was required to serve and file specific written objections within fourteen days after being served with the recommendation. The order stated that failing to object within that period could waive the right to appeal the district court’s order.