George Kusaj v. Judge Lisa Porter, in her Official Capacity; Judge John Burns,...
George Kusaj v. Judge Lisa Porter, in her Official Capacity; Judge John Burns,...
Trial Court Opinion
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION
GEORGE KUSAJ,
Plaintiff, Case No. 2:25-cv-865-KCD-NPM v.
JUDGE LISA PORTER, IN HER OFFICIAL CAPACITY; JUDGE JOHN BURNS, IN HIS OFFICIAL CAPACITY; AND STATE OF FLORIDA (TWENTIETH JUDICIAL CIRCUIT COURT),
Defendants. /
ORDER In this civil rights case, Plaintiff George Kusaj has yet to file a disclosure statement despite two Court orders directing him to do so. (Doc. 3 at ¶ 2; Doc. 6.) Ignoring the Court’s order is grounds for dismissal. “A plaintiff’s failure to prosecute diligently can result in dismissal if the plaintiff in response to an order to show cause fails to demonstrate due diligence and just cause for delay.” M.D. Fla. R. 3.10. Similarly, the Court has the “inherent power” to dismiss a case for lack of prosecution under its authority to manage its docket. Link v. Wabash R. Co.,
370 U.S. 626, 630-31(1962). Kusaj has not diligently prosecuted this case and has ignored the Court’s orders. At bottom, his actions show a lack of interest. The Court thus DISMISSES Kusaj’s claims without prejudice for failure to prosecute. See Local Rule 3.10. The Clerk is DIRECTED to enter judgment, terminate any pending motions and deadlines, and close the case. ORDERED in Fort Myers, Florida on November 13, 2025.
Kyle C. Dudek United States District Judge
Reference
- Full Case Name
- George Kusaj v. Judge Lisa Porter, in her Official Capacity; Judge John Burns, in his Official Capacity; and State of Florida (Twentieth Judicial Circuit Court)
- Status
- Unknown