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)
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George Kusaj's civil rights action against two judges and the State of Florida was dismissed for failure to prosecute after he repeatedly ignored court orders to file a required disclosure statement. The district court exercised its inherent authority to manage its docket and enforce compliance with procedural rules.
The court dismissed Kusaj's claims without prejudice under its inherent power to manage its docket and enforce compliance with procedural rules, finding that his failure to comply with two court orders and his lack of diligent prosecution warranted 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.”
Establishes the legal standard for dismissal based on failure to prosecute under M.D. Fla. Rule 3.10
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Join FLexlaw to unlock all legal intelligenceKusaj filed a civil rights case against Judge Lisa Porter, Judge John Burns (both in their official capacities), and the State of Florida. The court i…
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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