United States District Court for the Middle District of Florida, 2026

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,...
United States District Court for the Middle District of Florida · Decided February 23, 2026
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. 2:26-cv-72-KCD-NPM v. JUDGE LISA PORTER, IN HER OFFICIAL CAPACITY; JUDGE JOHN BURNS, IN HIS OFFICIAL CAPACITY; AND STATE OF FLORIDA, TWENTIETH JUDICIAL CIRCUIT, Defendants. / ORDER Last year, the Court dismissed a nearly identical case to this one because Plaintiff George Kusaj failed to file a disclosure statement. (See Case No. 2:28-cv-865-KCD-NPM.) History repeats itself here. Kusaj has again failed to file a disclosure statement, despite a Court order directing him to do so. (Doc. 8.) 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 order. 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 February 23, 2026.

Kyle C. Dudek United States District Judge

Case-law data current through December 31, 2025. Source: CourtListener bulk data.