Thomas Pepe, personal representative of the Estate of Eugene Pepe v. Saul...

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION THOMAS PEPE, personal representative of the Estate of Eugene Pepe, Plaintiff, v. Case No: 2:25-cv-723-JES-DNF SAUL VILLABOLOS, TEVEN RUBINO, LUKE LAJQI, SUSAN FINLEY, KHALEEB HOOVER, Defendants.

OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge’s Report and Recommendation (Doc. #14), filed on October 2, 2025, recommending that the Amended Complaint (Doc. #13) be dismissed and the case closed. No objections have been filed and the time to do so has expired.

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 Magistrate Judge found that plaintiff was financially eligible to proceed in forma pauperis but required an amended complaint to satisfy review under 28 U.S.C. § 1915. (Doc. #6.)

Specifically, it was noted that the Complaint was a shotgun pleading, it failed to state a viable claim under RICO and failed to allege that any of the defendants were state actors for a civil rights claim. The Complaint was also found to lack sufficient factual allegations. On September 30, 2025, plaintiff filed an Amended Complaint (Doc. #13).

Upon review of the amended pleading, the Magistrate Judge found that it remains a shotgun pleading asserting multiple claims against multiple defendants without specifying how each count applied to a particular defendant. On the merits of the federal claims pursuant to 42 U.S.C. § 1983, the sole basis for subject matter jurisdiction, the Magistrate Judge noted that plaintiff still had not alleged that any defendant was a state actor.

Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #14) is hereby accepted and adopted.

2. The Amended Complaint is dismissed without prejudice.

The Clerk shall terminate all pending motions and deadlines and close the file.

DONE and ORDERED at Fort Myers, Florida, this 22nd day of October 2025.

/ — VAM Z~ DH JGHH E. STEELE SHNIOR UNITED STATES DISTRICT JUDGE Copies: Hon. Nicholas P. Mizell United States Magistrate Judge Counsel of Record Unrepresented parties