Opinion

Pepe v. McHugh

Court
District Court, M.D. Florida
Filed
Sep 16, 2025
Cited by
0 cases
Authority
More cited than 39.3%

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

FORT MYERS DIVISION

THOMAS PEPE,

Plaintiff,

v. Case No: 2:25-cv-617-JES-KCD

JUDGE MICHAEL T. MCHUGH,

JUDGE ALANE C. LABODA, JUDGE

JAMES SHENKO, JUDGE JOSEPH

FULLER, SENIOR JUDGE

CHRISTINE H. GREIDER, and

SENIRO JUDGE CYNTHIA A

PIVACEK,

Defendants.

OPINION AND ORDER

This matter comes before the Court on the Magistrate Judge’s

Report and Recommendation (Doc. #53) issued on August 28, 2025.

Plaintiff filed an Objection (Doc. #54), and a Notice of Judicial

Concern and Demand for Review (Doc. #55) on September 8, 2025.

I.

On July 13, 2025, plaintiff initiated a Complaint (Doc. #1)

against Judge Michael T. McHugh “for actions taken in clear absence

of jurisdiction, outside the scope of judicial authority, and in

concert with non-judicial actors to facilitate a fraudulent

foreclosure and obstruct justice in related probate matters.” On

July 18, 2025, plaintiff was granted leave to proceed in forma

pauperis, but the complaint was dismissed with leave to amend to

address certain deficiencies.1 (Doc. #8.)

On July 23, 2025, plaintiff filed an Amended Complaint (Doc.

#9) adding defendants Judge Alane C. Laboda, Judge James Shenko,

Judge Joseph Fuller, Christopher Decosta, Ralph Confreda, Scott

Brown, Wendy Manswell, John Richards, Douglas R. Goldin, Luke

Lajqui, Saul Villalobos, and “additional unnamed co-conspirators”

with a short generic statement of facts. Plaintiff filed numerous

notices and on July 30, 2025, filed a Second Amended Complaint

(Doc. #32) with additional facts and identified counts.

On August 8, 2024, plaintiff filed a document entitled “Third

Amended Complaint” (Doc. #47) with “reinstated claims” against

Judge Michael T. McHugh with numerous attachments. On August 13,

2025, plaintiff filed a Motion for Leave to File Third Amended

Complaint and to Reinstate Previously Terminated Defendants (Doc.

#49). On August 14, 2025, the motion was granted, and plaintiff

was directed to file the third amended complaint on or before

August 28, 2025. On August 19, 2025, plaintiff filed a Notice of

Refiled Third Amended Complaint Pursuant to Court Request (Doc.

1 Specifically, it was noted that Judge McHugh is entitled to

immunity for actions taken in his judicial capacity despite

plaintiff attempting to frame it otherwise, the pleading did not

comply with Fed. R. Civ. P. 8 and 10, and there were insufficient

factual allegations. (Doc. #8.)

#52) that does not include previous versions or a revised version

of a complaint and references exhibits.

On August 28, 2025, the Magistrate Judge issued a Report and

Recommendation (Doc. #53) noting that plaintiff’s claims against

the state judges stem from conduct that occurred while they were

acting in their judicial capacities in cases pending in the

Twentieth Judicial Circuit Courts of Florida. It is recommended

that the action be dismissed with prejudice because plaintiff has

been permitted to amend several times and plaintiff “offers no

facts to avoid judicial immunity.” (Id. at 3.)

II.

Plaintiff objects that judicial immunity does not apply when

judges act in a clear absence of jurisdiction. Plaintiff argues

that he has clearly alleged that the judges refused to adjudicate

central claims, obstructed due process, and acted outside the scope

of their lawful authority. Plaintiff also alleges criminal acts

by the judges.

The “Third Amended Complaint” (Doc. #47) filed on August 8,

2025, alleges that Judge Michael T. McHugh allowed a civil case

against Thomas Pepe “despite lacking subject matter jurisdiction,”

the judge “refused to act” on his filings, and Judge McHugh failed

to dismiss the case causing the foreclosure of the estate home of

Eugene Pepe. All of this occurred despite plaintiff’s allegations

of fraud and ADA barriers to filing. There are no allegations

specific to any of the other defendants. Attached to the pleading

is an Amended Complaint, a motion for leave to file the amended

complaint, a notice of filing amended complaint, and proposed

orders and summonses. On August 19, 2025, plaintiff filed a Notice

of Refiled Third Amended Complaint Pursuant to Court Request (Doc.

#52) listing counts and allegations with no factual basis. This

was reviewed as the operative third amended pleading.

“Judges are entitled to absolute judicial immunity from

damages for those acts taken while they are acting in their

judicial capacity unless they acted in the clear absence of all

jurisdiction. [] This immunity applies even when the judge’s acts

are in error, malicious, or were in excess of his or her

jurisdiction. [] Whether a judge’s actions were made while acting

in his judicial capacity depends on whether: (1) the act complained

of constituted a normal judicial function; (2) the events occurred

in the judge's chambers or in open court; (3) the controversy

involved a case pending before the judge; and (4) the confrontation

arose immediately out of a visit to the judge in his judicial

capacity.” Sibley v. Lando, 437 F.3d 1067, 1070 (11th Cir. 2005)

(internal quotation marks and citations omitted). “A judge is

entitled to absolute immunity for any acts that are within the

function of the judicial office and loses immunity only if the

claimed acts are wholly outside his jurisdiction as a judge.”

Lloyd v. Foster, 298 F. App'x 836, 840 (11th Cir. 2008) (citation

omitted).

There are no allegations in any of the filings of actions

taken outside of the purview of Judge McHugh’s role as a judge

presiding over a case, and zero allegations against any of the

other defendants in any of the various filings other than a general

allegation of a conspiracy.

After conducting a careful and complete review of the findings

and recommendations, a district judge may accept, reject or modify

the magistrate judge’s report and recommendation. 28 U.S.C. §

636(b)(1); Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982),

cert. denied, 459 U.S. 1112 (1983). In the absence of specific

objections, there is no requirement that a district judge review

factual findings de novo, Garvey v. Vaughn, 993 F.2d 776, 779 n.9

(11th Cir. 1993), and the court may accept, reject or modify, in

whole or in part, the findings and recommendations. 28 U.S.C. §

636(b)(1). The Court agrees that plaintiff fails to state a claim

that is not barred by judicial immunity.

“A district court need not, however, allow an amendment (1)

where there has been undue delay, bad faith, dilatory motive, or

repeated failure to cure deficiencies by amendments previously

allowed; (2) where allowing amendment would cause undue prejudice

to the opposing party; or (3) where amendment would be futile.”

Bryant v. Dupree, 252 F.3d 1161, 1163 (11th Cir. 2001) (citing

Foman v. Davis, 371 U.S. 178, 182 (1962)). The Court finds that

no amendment could cure the deficiencies, and any amendment would

be futile. The action will be dismissed without leave to amend

and with prejudice.

Accordingly, it is now

ORDERED :

1. Plaintiff’s Objection (Doc. #54) is OVERRULED.

2. The Report and Recommendation (Doc. #53) is adopted, and

the action is dismissed with prejudice.

3. The Clerk shall terminate all pending motions and deadlines

and close the file.

DONE and ORDERED at Fort Myers, Florida, this 16th day

of September 2025,

ox EL

: le hy ) Z. A, Gob

ade E. STEELE

SHNIOR UNITED STATES DISTRICT JUDGE

Copies:

Counsel of Record

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