Pepe v. Marceno et al
| Thomas Pepe |
| Sheriff Camine Marceno, Beth Rakestraw, Tim Cochran, Mike Peterson, Gary Smith, Lee County Medical Examiner's Office and Lee County Crematory |
| 2:2025cv00566 |
| June 30, 2025 |
| U.S. District Court for the Middle District of Florida |
| Kyle C Dudek |
| Douglas N Frazier |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 16, 2025. A more recent docket listing may be available from PACER.
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Filing 62
ORDER denying #59 Motion for update on the status of this case; denying #60 Motion for an exemption from electronic filing because the case was dismissed and closed back in September. (Doc. 52.). Signed by District Judge Kyle C. Dudek on 12/16/2025. (CGW)
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| Filing 61 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Thomas Pepe. (Attachments: #1 Mailing Envelope)(ABM) |
| Filing 60 MOTION for Exemption from Electronic Filing by Thomas Pepe. (Attachments: #1 Cover Letter, #2 Mailing Envelope)(ABM) |
| Filing 59 MOTION for Status, MOTION for Ruling by Thomas Pepe. (Attachments: #1 Cover Letter, #2 Mailing Envelope)(ABM) |
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Filing 58
ORDER denying as moot #56 Plaintiff's Motion for Leave to Appeal In Forma Pauperis. Signed by District Judge Kyle C. Dudek on 9/30/2025. (BLW)
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| Filing 57 TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re #55 Notice of Appeal. (ABM) |
| Filing 56 MOTION to Appeal In Forma Pauperis by Thomas Pepe. (Attachments: #1 Mailing Envelope)(ABM) |
| Filing 55 NOTICE OF APPEAL as to #52 Order Dismissing Case by Thomas Pepe. Filing fee not paid. (Attachments: #1 Mailing Envelope)(ABM) |
| Filing 54 NOTICE of Local Rule 1.11(e), which provides that, unless an order states another time, a seal under Rule 1.11 expires ninety days after a case is closed and all appeals are exhausted. To prevent the content of a sealed item from appearing on the docket after the seal expires, a party or interested non-party must move for relief before the seal expires. (Signed by Deputy Clerk). (MLB) |
| Filing 53 JUDGMENT, the amended complaint (Doc. 26) is DISMISSED with prejudice. ( Signed by Deputy Clerk) (MLB) |
| Filing 52 Plaintiff's amended complaint (Doc. 26) is DISMISSED WITH PREJUDICE. The Clerk is directed to enter judgment, terminate any pending motions, and close the file. Signed by Judge Kyle C. Dudek on 9/16/2025. (Dudek, Kyle) |
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Filing 51
ORDER denying #37 #41 #42 #43 #45 motions for for recusal. Signed by Judge Kyle C. Dudek on 9/16/2025. (Dudek, Kyle)
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| Filing 50 Case Reassigned to Judge Kyle C. Dudek. New case number: 2:25-cv-566-KCD-DNF. Judge John L. Badalamenti no longer assigned to the case. (AET) |
| Filing 49 Case Reassigned to Magistrate Judge Douglas N. Frazier. New case number: 2:25-cv-566-JLB-DNF. Magistrate Judge Kyle C. Dudek no longer assigned to the case. Motion(s) REFERRED: #40 MOTION to Compel, #44 MOTION for Miscellaneous Relief, specifically, #38 MOTION to Compel, #43 MOTION for Miscellaneous Relief, specifically, #39 MOTION for Discovery. Motion(s) referred to Magistrate Judge Douglas N. Frazier. (AJS) |
| Filing 45 MOTION for Recusal Magistrate Judge Kyle C. Dudek by Thomas Pepe. (Attachments: #1 Main Document)(ABM) |
| Filing 48 Judicial NOTICE of Spiritual Exploitation and Desecration of Sacred Language by Thomas Pepe (Attachments: #1 Mailing Envelope)(ABM) |
| Filing 47 Judicial NOTICE of Disparate Treatment and procedural Sabotage by Thomas Pepe (Attachments: #1 Main Document)(ABM) |
| Filing 46 SUPPLEMENT re #33 Objection to Report and Recommendations by Thomas Pepe. (Attachments: #1 Mailing Envelope)(ABM) |
| Filing 44 MOTION for Judicial Notice and Cross-Reference of related Estate Abuse by Thomas Pepe. (Attachments: #1 Mailing Envelope)(ABM) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Filing 43 MOTION for Emergency Review and Judicial Reassignment by Thomas Pepe. (Chambers notified) (Attachments: #1 Mailing Envelope)(ABM) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Filing 42 MOTION for Recusal Magistrate Judge Kyle C. Dudek for Bias and Appearance of Impropriety by Thomas Pepe. (Attachments: #1 Mailing Envelope)(ABM) |
| Filing 41 MOTION for Recusal Magistrate Judge Kyle C. Dudek for Bias and Appearance of Impropriety by Thomas Pepe. (Attachments: #1 Mailing Envelope)(ABM) |
| Filing 40 United States District Court/State Court of Record Affidavit and MOTION to Compel Disclosure and Investigate Collusion Between Sheriff Carmine Marceno and Lee County Crematory by Thomas Pepe. (Attachments: #1 Mailing Envelope)(ABM) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Filing 39 MOTION for Expedited Discovery by Thomas Pepe. (Attachments: #1 Mailing Envelope)(ABM) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Filing 38 MOTION to Compel Disclosure and Preserve Evidence Involving Sheriff Carmine Marceno and the Lee county Medical Examiner's Office by Thomas Pepe. (Attachments: #1 Mailing Envelope)(ABM) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Filing 37 MOTION for Recusal Magistrate Kyle C. Dudek for Appearance of Bias and Prior Institutional Affiliations by Thomas Pepe. (Attachments: #1 Mailing Envelope)(ABM) |
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Filing 36
ENDORSED ORDER withdrawing #32 Report and Recommendation. Signed by Magistrate Judge Kyle C. Dudek on 9/10/2025. (BLW)
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Filing 35
TEXT ORDER. Plaintiff's #34 Second Objection to Report and Recommendation and Corrected Second Amended Complaint is STRICKEN. Plaintiff references his #32 Objection already filed with this Court in his Second Objection to Report and Recommendation (Doc. #34). Further, Plaintiff's Second Amended Complaint fails to comply with Federal Rule of Civil Procedure 15(a), providing that "[a] party may amend its pleading once as a matter of course no later than... 21 days after service of a motion under Rule 12(b), (e), or (f)." In all other circumstances, "a party may amend its pleading only with the opposing party's written consent or the court's leave." Fed. R. Civ. P. 15(a). Because Plaintiff has already Objected to the Report and Recommendation, his Second Objection (Doc. #34) is STRICKEN. As Plaintiff did not comply with Rule 15(a), his Second Amended Complaint (Doc. #34) is also STRICKEN. The Clerk of Court is DIRECTED to Strike the Second Objection and Second Amended Complaint (Doc. #34). Signed by Judge John L. Badalamenti on 9/10/2025. (SV) Modified on 9/10/2025 (SV).
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| Filing 34 ***STRICKEN PURSUANT TO COURT'S 35 ORDER*** OBJECTION to Report and Recommendation and Second AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Thomas Pepe. Related document: #26 Amended Complaint, filed by Thomas Pepe. (Attachments: #1 Mailing Envelope)(ABM) Modified text on 9/11/2025 (AA). |
| Filing 33 OBJECTION to #32 Report and Recommendations by Thomas Pepe. (Attachments: #1 Mailing Envelope)(ABM) |
| Filing 32 REPORT AND RECOMMENDATION re #26 Amended Complaint, filed by Thomas Pepe. It is RECOMMENDED that Plaintiff's amended complaint (Doc. 26) be dismissed, and the case closed. Signed by Magistrate Judge Kyle C. Dudek on 8/14/2025. (CGW) |
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Filing 31
ORDER denying #27 Motion to "lift the stay on service" and move forward with his amended complaint"; denying #28 Motion to Proceed In Forma Pauperis because the Court already granted Plaintiff IFP status. Signed by Magistrate Judge Kyle C. Dudek on 8/14/2025. (CGW)
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| Filing 30 NOTICE Regarding Duplicate Filings and Clarification of Record by Thomas Pepe (Attachments: #1 Mailing Envelope)(ABM) |
| Filing 29 NOTICE Clarification of Record-Request to Review for Duplication in Multiple Cases by Thomas Pepe (Attachments: #1 Mailing Envelope)(ABM) |
| Filing 28 MOTION to Proceed In Forma Pauperis by Thomas Pepe. (Attachments: #1 Mailing Envelope)(ABM) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Filing 27 MOTION to Lift Stay and Authorize Service of Process by Thomas Pepe. (Attachments: #1 Mailing Envelope)(ABM) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Filing 26 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Thomas Pepe. Related document: #14 Amended Complaint filed by Thomas Pepe.(ABM) (Additional attachment(s) added on 8/13/2025: #1 Mailing Envelope) (ABM). |
| Filing 25 ***ENTERED IN INCORRECT CASE. Images removed per chambers***.Third AMENDED COMPLAINT against All Defendants with Jury Demand filed by Thomas Pepe. Related document: #14 Amended Complaint filed by Thomas Pepe(Attachments: # 1 Mailing Envelope)(LAW) Modified text on 8/13/2025 (ABM). |
| Filing 24 DECLARATION of Thomas Pepe by Thomas Pepe. (eportal) (LF) |
| Filing 23 NOTICE of Filing Exhibits A-K in Support re #20 Notice to take judicial notice by Thomas Pepe. (Attachments: #1 Exhibit List) (eportal(LF) |
| Filing 22 NOTICE of Submission of Evidence by Thomas Pepe (e-portal) (Attachments: #1 Attachment)(ABM) |
| Filing 21 NOTICE of Submission of Evidence by Thomas Pepe . (e-portal) (Attachments: #1 Attachment)(ABM) Modified text on 7/30/2025 (JKB). |
| Filing 20 NOTICE to the Courts to take judicial notice regarding by Thomas Pepe. (eportal) (Attachments: #1 Exhibit)(LF) |
| Filing 19 NOTICE by Thomas Pepe (e-portal) (Attachments: #1 Attachment)(ABM) |
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Filing 18
ORDER denying #15 Plaintiff's Motion for Judicial Notice; denying #16 Plaintiff's Motion to "refer this matter to appropriate federal authorities for criminal investigation." Signed by Magistrate Judge Kyle C. Dudek on 7/23/2025. (CGW)
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Filing 17
ENDORSED ORDER denying as moot #13 Plaintiff's Motion to Proceed In Forma Pauperis because the Court already granted Plaintiff IFP status, but stayed service of process pending a review of an amended complaint (see Doc. 12). Signed by Magistrate Judge Kyle C. Dudek on 7/21/2025. (BLW)
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| Filing 16 MOTION for Miscellaneous Relief, specifically to Refer Matter for Criminal Investigation by Thomas Pepe. (e-portal) (ABM) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Filing 15 MOTION for Miscellaneous Relief, specifically for Judicial Notice by Thomas Pepe. (e-portal) (ABM) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Filing 14 AMENDED COMPLAINT against All Defendants filed by Thomas Pepe. (e-portal) Related document: #1 Complaint filed by Thomas Pepe. (Attachments: #1 Civil Cover Sheet)(ABM) |
| Filing 13 MOTION to Proceed In Forma Pauperis by Thomas Pepe. (e-portal) (ABM) Motions referred to Magistrate Judge Kyle C. Dudek. |
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Filing 12
ORDER granting #9 Motion to Proceed In Forma Pauperis. The Court stays the service-of-process provision in 28 U.S.C. 1915(d) and service-of-process period in Federal Rule of Civil Procedure 4(m) until further order; and Plaintiff must file an amended complaint that complies with this Order by August 17, 2025. Failure to do so will result in a recommendation that this case be dismissed. Signed by Magistrate Judge Kyle C. Dudek on 7/18/2025. (CGW)
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| Filing 11 Exhibits by Thomas Pepe. (e-filing)(ABM) |
| Filing 10 NOTICE of Filing Exhibit by Thomas Pepe (e-portal) (Attachments: #1 Exhibit)(ABM) |
| Filing 9 MOTION to Proceed In Forma Pauperis by Thomas Pepe. (e-portal) (Attachments: #1 Affidavit)(ABM) Motions referred to Magistrate Judge Kyle C. Dudek. |
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Filing 8
ORDER denying #6 Motion to Proceed In Forma Pauperis because the filing is not confirmed under oath, which is a crucial requirement under the in forma pauperis statute. See 28 U.S.C. 1915(a)(2). The AO Form 239 contains an affidavit declaration. Thus, Plaintiff must complete and file an AO Form 239 by July 25, 2025. The form can be found on the Court's website. Alternatively, Plaintiff may pay the filing fee by that date. Signed by Magistrate Judge Kyle C. Dudek on 7/11/2025. (CGW)
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| Filing 7 CERTIFICATE of service by Thomas Pepe re #2 MOTION for Miscellaneous Relief, specifically to Refer Case (e-portal) (ABM) |
| Filing 6 MOTION to Proceed In Forma Pauperis by Thomas Pepe. (e-portal) (ABM) Motions referred to Magistrate Judge Kyle C. Dudek. |
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Filing 5
ORDER to pay the filing fee or move to proceed in forma pauperis. Plaintiff must pay the $405 filing fee or move to proceed in forma pauperis with supporting affidavits by August 1, 2025. Failing to exercise one of these options may result in this case being dismissed for failure to prosecute without further notice. Signed by Magistrate Judge Kyle C. Dudek on 7/9/2025. (CGW)
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Filing 4
ORDER denying #2 Motion to Open Criminal Investigation. Signed by Magistrate Judge Kyle C. Dudek on 7/5/2025. (Dudek, Kyle)
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| Filing 3 CIVIL Action Order. Signed by All Divisional Judges on 7/2/2025. (CGW) |
| Filing 2 MOTION for Miscellaneous Relief, specifically to Refer for Criminal Investigation by Thomas Pepe. (Attachments: #1 Mailing Envelope)(ABM) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Filing 1 COMPLAINT against All Defendants with Jury Demand filed by Thomas Pepe. "No IFP". (Attachments: #1 Subpoenas, #2 Mailing Envelope)(ABM) |
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