BUTKO v. WOMACK

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
JOEL BUTKO,
Plaintiff,
v. Case No. 3:26-cv-1468-TKW-ZCB
DARREL M. WOMACK,
Defendant.
/
ORDER
This case is before the Court based on the magistrate judge’s Report and
Recommendation (R&R) (Doc. 5). No objections were filed.1
Upon due consideration of the R&R and the case file, the Court agrees with
the magistrate judge’s determination that this case should be dismissed based on
Plaintiff’s failure to fully disclose his litigation history. See McNair v. Johnson, 141
F.4th 1301, 1308 (11th Cir. 2025). Accordingly, it is
ORDERED that:
1 Plaintiff may be unaware of the R&R because it and the other documents
mailed to his address of record were returned by the Post Office as undeliverable
and unable to forward. See Docs. 6, 7. That, however, does not preclude dismissal
of this case because Plaintiff’s failure to keep the Court apprised of his current
address amounts to a failure to prosecute and provides an additional reason to
dismiss this case.
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1. The magistrate judge’s R&R is adopted and incorporated by reference
in this Order.
2. This case is DISMISSED without prejudice under the Court’s inherent
authority based on Plaintiff’s failure to fully disclose his litigation history.
3. The Clerk shall enter judgment in accordance with this Order and close
the case file.
DONE AND ORDERED this 27th day of March, 2026.
__________________________________
T. KENT WETHERELL, II
UNITED STATES DISTRICT JUDGE
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