4:25-cv-01960•Tufano v. Saladino, MD et al
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1 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA FRANK TUFANO Plaintiff, v. PAUL SALADINO, MD, ET AL. Defendants. CIVIL NO. 4:25-CV-1960 (Chief Judge Brann) (Magistrate Judge Latella) REPORT AND RECOMMENDATION Frank Tufano, a frequent pro se litigator in this Court,1 is a self- identified “YouTuber” who promotes the Carnivore Diet. In one prior, and two current suits filed in this Court, Mr. Tufano alleges that Paul Saladino, M.D. has conspired with “the Illuminati,” the Freemasons, and others to maliciously copy and use Tufano’s life work and discredit him. Apparently, Mr. Tufano has made these assertions in other forums as well. Dr. Saladino took issue with this characterization and brought suit against Mr. Tufano in the United States District Court for the Southern District of New York on November 7, 2020, and he won a default judgment enjoining Tufano from, inter alia, “making public 1 Plaintiff has filed at least twenty-two separate actions in this Court within the past two years, half of which are closed. Case 4:25-cv-01960-MWB Document 5 Filed 12/23/25 Page 1 of 19
2 statements referencing that [Saladino] copied, plagiarized, stole or otherwise improperly used [Tufano’s] or any other third party’s work” on January 30, 2025. Saladino v. Tufano, et al., Civ. No. 7:20-CV-9346 (Doc. 59 at 3). Notwithstanding the Southern District of New York’s injunction, Mr. Tufano filed a Complaint in this Court on February 12, 2025, against Paul Saladino. M.D., alleging, inter alia, that he copied Tufano’s work, and that he conspired with codefendants Jeffrey Davis, Esq., the lawyer who represented Tufano in the SDNY case, the White Plains Lodge #472, and the Illuminati. The case was docketed to 3:CV- 25-262 and assigned to the Honorable Karoline Mehalchick and referred to Chief Magistrate Judge Daryl Bloom for preliminary proceedings. Judge Bloom recommended that the Complaint be dismissed for failure to state a claim and that Mr. Tufano be granted an opportunity to correct the deficiencies in the Complaint by the filing of an Amended Complaint. 3:25-CV-262 (Doc. 5). Judge Mehalchick adopted the Report and Recommendation, dismissed the Complaint, and granted Tufano leave to file an Amended Complaint. (Id. at Doc. 7). Tufano did not file an amended complaint, and the case was dismissed without prejudice by Judge Mehalchick on June 11, 2025. (Id. at Doc. 9). Case 4:25-cv-01960-MWB Document 5 Filed 12/23/25 Page 2 of 19
3 On July 29, 2025, Mr. Tufano filed a Complaint again naming Paul Saladino, M.D., Jeffrey Davis, Esq., White Plains Lodge 473, and the Illuminati. The Complaint, docketed to 3:25-CV-1400, makes the identical factual allegations made in the previously dismissed action, but adds David D. Lin, Esq. (who represented Saladino in the SDNY case) as a Defendant and adds additional claims. On October 17, 2025, Mr. Tufano initiated a third similar action by filing a Complaint against the same Defendants, which again makes identical factual allegations and raises the same claims brought in Civil number 3:25-CV-1400. It also adds Judge Karoline Mehalchick as a Defendant, because she dismissed Tufano’s first case against Saladino, and Union Lodge #291. The third action was docketed to the above caption. Because the basis for jurisdiction for this action is diversity of citizenship pursuant to 28 U.S.C. § 1332 and from the face of the Complaint is it apparent that the action names nondiverse defendants, the requirements for diversity jurisdiction are not met. To the extent that the Complaint seeks to state a claim based on federal law, even though federal question jurisdiction is not invoked, the Complaint states no cognizable federal claim. Accordingly, the Court is without Case 4:25-cv-01960-MWB Document 5 Filed 12/23/25 Page 3 of 19
4 subject matter jurisdiction. For the reasons that follow, it will be respectfully recommended that case be dismissed on screening pursuant to 28 U.S.C. §1915(e)(2)(B)(ii). I. Procedural Background Civil Action 3:25-CV-1400 was initiated by the filing of a pro se Complaint on July 29, 2025, together with a Motion to proceed in forma pauperis (IFP). (Docs. 1 and 2). The Motion to proceed IFP was granted by Order dated November 20, 2025, and service of the Complaint was held in abeyance pending initial screening. (Doc.4). By Order of even date herewith, Mr. Tufano was advised of the deficiencies with the Complaint filed in 3:25-CV-1400 and given twenty-one days to file an amended complaint. This action, Civil Number 4:25-CV-1960, was initiated by the filing of a pro se Complaint on October 17, 2025. (Doc. 1). An application to proceed in forma pauperis was filed along with the Complaint. (Doc. 2). Service of the Complaint was also held in abeyance pending the screening required under 28 U.S.C. § 1915(e)(2)(B). (Doc. 4). Case 4:25-cv-01960-MWB Document 5 Filed 12/23/25 Page 4 of 19
5 II. Factual Background The factual allegations supporting Tufano’s various claims are made in the first twenty-five paragraphs of each complaint and are identical. (3:25-CV-1400, Doc. 1, ¶¶ 1-25; 4:25-CV-1960, ¶¶ 1-25). Tufano avers that he is a “social media personality” who started a YouTube channel in 2016, that he shares his “unique research on health and nutrition,” and was the first YouTuber to promote the Carnivore Diet. (Doc. 1, ¶¶ 1-2). Mr. Tufano maintains that in 2019 he became aware that Defendant Saladino was “copying” Tufano’s research, word- for-word, and using Tufano’s ideas as if they were his own. (Doc. 1, ¶ 3). Plaintiff alleges that Saladino is an “industry plant” being used by the “‘elite,’ secret societies” to funnel money into their own businesses. (Doc. 1, ¶ 6). The Complaints then describe the functioning of secret societies in the United States, of which all wealthy and powerful people are members. (Doc. 1, ¶¶ 7–8). Mr. Tufano attributes Dr. Saladino’s success to membership in these societies. (Doc. 1, ¶¶ 9–10). Tufano alleges that he was denied several constitutional rights in the Southern Case 4:25-cv-01960-MWB Document 5 Filed 12/23/25 Page 5 of 19
6 District of New York case referenced above and that his lawyer, Defendant Davis, committed malpractice in representing him. (Doc. 1, ¶¶ 12–16). He asserts that Davis acted on behalf of the various secret societies and that his loyalty was to them, and not to Mr. Tufano. (Id.). Plaintiff maintains that the judicial system favors secret society members and is biased against him because he is not a member of any such society. (Doc. 1, ¶¶ 17–20). He attempts to bolster this allegation by pointing to the fact that “almost a dozen” of his pro se filings have been promptly dismissed in federal and states courts. (Doc. 1, ¶ 20). The factual allegations in the Complaint conclude with several assertions that Defendant Saladino is wealthy and famous because he uses Tufano’s work, and that Saladino used his secret society connections in the court system to silence Tufano. (Doc. 1, ¶¶ 21–25). III. Legal Standards Pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), a court “shall dismiss” an in forma pauperis case “at any time if the court determines that . . . the action . . . fails to state a claim upon which relief may be granted[.]” The legal standard for dismissing a complaint for failure to state a Case 4:25-cv-01960-MWB Document 5 Filed 12/23/25 Page 6 of 19
7 claim pursuant to 28 U.S.C. § 1915 is identical to the legal standard used when ruling on Fed. R. Civ. P. 12(b)(6) motions to dismiss. See Grayson v. Mayview State Hosp., 293 F.3d 103, 109-10 & n.11 (3d Cir. 2002). In order “[t]o survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). A claim is plausible on its face “when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. (quoting Twombly, 550 U.S. at 556). Under Rule 12(b)(6), the Court must “take as true all the factual allegations of the [complaint] and the reasonable inferences that can be drawn from them, but we disregard legal conclusions and recitals of the elements of a cause of action, supported by mere conclusory statements.” Santiago v. Warminster Twp., 629 F.3d 121, 128 (3d Cir. 2010) (quotation marks omitted and citation omitted). Case 4:25-cv-01960-MWB Document 5 Filed 12/23/25 Page 7 of 19
8 In addition to these pleading rules, a civil complaint must comply with the requirements of Rule 8(a) of the Federal Rules of Civil Procedure, which sets forth the requirements for complaints and provides that: (a) A pleading that states a claim for relief must contain: (1) a short and plain statement of the grounds for the court's jurisdiction, unless the court already has jurisdiction and the claim needs no new jurisdictional support; (2) a short and plain statement of the claim showing that the pleader is entitled to relief; and (3) a demand for the relief sought, which may include relief in the alternative or different types of relief. Fed. R. Civ. P. 8(a). Thus, a pro se plaintiff’s well-pleaded complaint must recite factual allegations which are sufficient to raise the plaintiff's claimed right to relief beyond the level of mere speculation, set forth in a “short and plain” statement of a cause of action. Indeed, Fed. R. Civ. P. 8(a) requires a “showing that ‘the pleader is entitled to relief, in order to give the defendant fair notice of what the ... claim is and the grounds upon which it rests.’” Erickson v. Pardus, 551 U.S. 89, 93–94 (2007); Phillips Case 4:25-cv-01960-MWB Document 5 Filed 12/23/25 Page 8 of 19
9 v. County of Allegheny, 515 F.3d 224, 233 (3d Cir. 2008) (citing Twombly, 550 U.S. at 545). The pleadings of self-represented plaintiffs are held to a less stringent standard than formal pleadings drafted by attorneys and are to be liberally construed. See Erickson, 551 U.S. at 94; Higgs v. Att’y Gen., 655 F.3d 333, 339 (3d. Cir. 2011). Nonetheless, the complaint still “must contain allegations permitting ‘the reasonable inference that the defendant is liable for the misconduct alleged.’” Jackson v. Div. of Developmental Disabilities, 394 F. App’x 950, 951 n.3 (3d Cir. 2010) (per curiam) (nonprecedential) (quoted case omitted). Pro se litigants are to be granted leave to file a curative amended complaint even when a plaintiff does not seek leave to amend, unless such an amendment would be inequitable or futile. See Estate of Lagano v. Bergen Cnty. Prosecutor's Office, 769 F.3d 850, 861 (3d Cir. 2014). IV. Discussion Plaintiff’s Complaint in this action raises the identical five claims brought in 25-CV-1400, viz., Fraud, Tortious Interference, Fraudulent Concealment, Civil Conspiracy, and Conspiracy Against Rights under 18 U.S.C. § 241. Plaintiff states the basis for the Court’s jurisdiction to Case 4:25-cv-01960-MWB Document 5 Filed 12/23/25 Page 9 of 19
10 hear this case is diversity of citizenship and the first four claims appear to be brought under Pennsylvania law. The last claim is pursuant to a federal criminal statute, although Plaintiff does not assert federal question jurisdiction. The potential federal claim will be addressed first. a. Plaintiff’s Claim Under 18 U.S.C. § 241 Plaintiff asserts that Paul Saladino and the “secret society associates” involved in the above referenced civil action against Tufano in the Southern District of New York “conspired against Frank Tufano oppressing him of his First and Seventh Amendment Rights.” (Doc. 1, ¶ 62). Plaintiff raised the identical claim in Civil Action 3:25-CV-262. In recommending that the claim be dismissed, Judge Bloom wrote: As we explained in a prior case Tufano brought before this court, “criminal statutes, such as [18 U.S.C.] § 241, do not provide for a private right of action.” Tufano v. Frankie’s Free Range Meat Conspirators, Civ. No. 3:24-CV-846, 2024 WL 5318269, at *3 (M.D. Pa. Nov. 6, 2024) (citing Walthour v. Herron, 2010 WL 1877704, at *3 (E.D. Pa. May 6, 2010) (collecting cases and concluding that § 241 does not provide a private right of action)). Accordingly, Tufano’s claim for criminal conspiracy fail as a matter of law. Case 4:25-cv-01960-MWB Document 5 Filed 12/23/25 Page 10 of 19
11 (25-CV-262, Doc. 5, p. 7). Because, as Judge Bloom explained, a federal criminal statute does not provide the basis from a private cause of action, the Complaint fails to state a cognizable federal claim. b. The State Law Claims As noted, Plaintiff bases jurisdiction for this action on diversity of citizenship pursuant to 28 U.S.C. § 1332.2 He alleges himself to be domiciled in Pennsylvania, Defendant Saladino in Costa Rico, Jeffrey 2 Even if Plaintiff asserted the basis of jurisdiction as federal question and sought to bring the state law claims based on supplemental jurisdiction, the result should be no different. There is no cognizable federal claim. Whether the Court will exercise supplemental jurisdiction is within its discretion. Kach v. Hose, 589 F.3d 626, 650 (3d Cir. 2009). “That decision should be based on the values of judicial economy, convenience, fairness, and comity. In the usual case in which all federal-law claims are eliminated before trial, the balance of factors will point toward declining to exercise jurisdiction over the remaining state-law claims.” KL by & through Locker v. Dunmore Sch. Dist., No. 3:24-CV-01461, 2025 WL 2723547, at *13 (M.D. Pa. Sept. 24, 2025) (cleaned up). See also United Mine Workers v. Gibbs, 383 U.S. 715, 726 (1966) (holding that “if the federal claims are dismissed before trial, even though not insubstantial in a jurisdictional sense, the state claims should be dismissed as well.”); Brown v. Patel, No. 3:18-CV-01242, 2019 WL 2502337, at *6 (M.D. Pa. Mar. 13, 2019), report and recommendation adopted, No. 3:18-CV-1242, 2019 WL 3562656 (M.D. Pa. Aug. 5, 2019) (recommending that federal claims be dismissed pursuant to Rule 12(b)(6) and that remaining state law claims be dismissed without prejudice). Case 4:25-cv-01960-MWB Document 5 Filed 12/23/25 Page 11 of 19
12 Davis in New York, David Lin in New York, and White Plains Lodge #473 in New York. (Doc. 1, ¶¶ 36–40). He alleges that the Illuminati has “an unknown location.” (Doc 1, ¶ 41). Further, he avers that Judge Karoline Mehalchick and Union Lodge #291 are residents of Pennsylvania. (Doc. 1, ¶¶ 42 and 43). The “general principles of diversity jurisdiction” were clearly elaborated by the Third Circuit in Lincoln Ben. Life Co. v. AEI Life, LLC, 800 F.3d 99 (3d Cir. 2015), where our Court of Appeals explained: The principal federal statute governing diversity jurisdiction, 28 U.S.C. § 1332, gives federal district courts original jurisdiction of all civil actions between citizens of different States where the amount in controversy exceeds $75,000. For over two hundred years, the statute has been understood as requiring complete diversity between all plaintiffs and all defendants, even though only minimal diversity is constitutionally required. This means that, unless there is some other basis for jurisdiction, no plaintiff may be a citizen of the same state as any defendant. Most rules of citizenship are well established. A natural person is deemed to be a citizen of the state where he is domiciled. A corporation is a citizen both of the state where it is incorporated and of the state where it has its principal place of business. But unlike corporations, unincorporated associations such as partnerships are not considered citizens as that term is used in the diversity statute. Instead, the citizenship of Case 4:25-cv-01960-MWB Document 5 Filed 12/23/25 Page 12 of 19
13 partnerships and other unincorporated associations is determined by the citizenship of their partners or members. The state of organization and the principal place of business of an unincorporated association are legally irrelevant. Accordingly, the citizenship of an LLC is determined by the citizenship of its members. For complete diversity to exist, all of the LLC's members must be diverse from all parties on the opposing side. Id. at 105 (cleaned up). The Plaintiff alleges that he, Judge Mehalchick, and Union Lodge #291 are all citizens of Pennsylvania. Accordingly, there is not complete diversity of citizenship, and these claims should be dismissed without prejudice for lack of subject matter jurisdiction. See Those Certain Underwriters at Lloyd's London v. Sophisticated Invs. Inc., No. 2:20-CV- 3592-KSM, 2022 WL 507437 (E.D. Pa. Feb. 18, 2022) (dismissing case for lack of subject matter jurisdiction where there was not complete diversity of citizenship); see also Muchler v. Greenwald, 624 F. App’x 794, 795 (3d Cir. 2015) (affirming the district court’s dismissal of a pro se complaint pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) where neither federal question nor diversity jurisdiction existed); Wallace v. All. Com. Cleaning, Inc., No. CV 24-313, 2025 WL 929651, at *3 (D. Del. Mar. 27, Case 4:25-cv-01960-MWB Document 5 Filed 12/23/25 Page 13 of 19
14 2025), report and recommendation adopted, No. CV 24-313, 2025 WL 2879603 (D. Del. Oct. 9, 2025) (dismissing pro se complaint on screening based on diversity jurisdiction on screening for lack of subject matter jurisdiction.); Wagner v. Lowe’s Home Improvement, No. CV 22-564, 2022 WL 14760417 (D. Del. Oct. 21, 2022) (same); Kilgoe v. Westlake Fin., No. CV 22-667-RGA, 2022 WL 17669173, at *2 (D. Del. Dec. 14, 2022) (dismissing pro se complaint on screening for lack of subject matter jurisdiction).3 c. Leave to Amend The Third Circuit has voiced a strong preference for allowing the filing of an amended complaint in cases where the original complaint is subject to dismissal. In Montanez v. Price, 154 F.4th 127, 153 (3d Cir. 2025), the Court instructed: Federal Rule of Civil Procedure 15(a)(2) directs courts to grant motions for leave to amend “when justice so requires.” So leave to amend should be 3 “[W]hen a district court dismisses claims for lack of subject matter jurisdiction, the dismissal should be without prejudice.” Mohn v. United States, No. 23-1023, 2023 WL 4311609, at *2 (3d Cir. July 3, 2023) (citing N.J. Physicians, Inc. v. President of U.S., 653 F.3d 234, 241 n.8 (3d Cir. 2011). Case 4:25-cv-01960-MWB Document 5 Filed 12/23/25 Page 14 of 19
15 liberally given unless amendment would be inequitable or futile. Long v. Wilson, 393 F.3d 390, 400 (3d Cir. 2004); Phillips, 515 F.3d at 245. And because courts have a special obligation to be “more forgiving of pro se litigants,” Garrett v. Wexford Health, 938 F.3d 69, 92 (3d Cir. 2019), this Circuit has a “longstanding policy of allowing pro se plaintiffs to amend their complaints before the court rules upon defendants' motions to dismiss,” Roman v. Jeffes, 904 F.2d 192, 196 n.8 (3d Cir. 1990) (collecting cases). Leave to amend in this case is, however, unnecessary. The identical claims against the same Defendants, with the exception of Judge Mehalchick and Union Lodge #291, are pending in 3:25-CV-1400. The deficiencies in pleading that action (which were previously identified by Judge Bloom in 3:25-CV-262) have again been explained to Plaintiff by Order filed of even date and with this Report and Recommendation, and Plaintiff has been given leave to amend the complaint in that action. Amendment of the Complaint against Judge Mehalchick would be futile because she is entitled to judicial immunity. As the Third Circuit has explained, “a judicial officer in the performance of his or her duties has absolute immunity from suit… A judge will not be deprived of immunity because the action he took was in error, was done maliciously, or was in excess of his authority; rather, he will be subject to liability only when Case 4:25-cv-01960-MWB Document 5 Filed 12/23/25 Page 15 of 19
16 he has acted in the clear absence of all jurisdiction.” Kwasnik v. LeBlon, 228 F. App’x 238, 243 (3d Cir. 2007) (cleaned up). Similarly, the only allegation against Union Lodge #291 in Scranton is that it was “the likely location” where discussions took place to unfairly dismiss the prior federal action before Judge Mehalchick. (Doc. 1, ¶ 43). Because there is no jurisdictional basis for this claim, and there is no set of facts that would present a cognizable claim against Union Lodge #291, it would be futile to allow amendment in this action.4 4 Lastly, Plaintiff requests this Court to interfere with Saladino’s case against him in the Southern District of New York. However, “one district court has no jurisdiction to review the decision of another district court.” Cavienss v. Shea, No. CV 25-01156, 2025 WL 1852700, at *1 (D.D.C. July 1, 2025) (quoting Prentice v. U.S. Dist. Court for Eastern Dist. of Michigan, Southern Div., 307 F. App'x. 460 (D.C. Cir. Oct. 29, 2008) (per curiam). Case 4:25-cv-01960-MWB Document 5 Filed 12/23/25 Page 16 of 19
17 V. Recommendation For the foregoing reasons, it is respectfully recommended that this case be dismissed, without prejudice, for want of subject matter jurisdiction. Dated: December 23, 2025 /s/ Leo A. Latella Leo A. Latella United States Magistrate Judge Case 4:25-cv-01960-MWB Document 5 Filed 12/23/25 Page 17 of 19
18 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA FRANK TUFANO Plaintiff, v. PAUL SALADINO, MD, ET AL. Defendants. CIVIL NO. 4:24-CV-1960 (Chief Judge Brann) (Magistrate Judge Latella) NOTICE NOTICE IS HEREBY GIVEN that the undersigned has entered the foregoing Report and Recommendation dated December 23, 2025. Any party may obtain a review of the Report and Recommendation pursuant to Rule 72.3, which provides: Any party may object to a magistrate judge’s proposed findings, recommendations or report addressing a motion or matter described in 28 U.S.C. § 636(b)(1)(B) or making a recommendation for the disposition of a prisoner case or a habeas corpus petition within fourteen (14) days after being served with a copy thereof. Such party shall file with the clerk of court, and serve on the magistrate judge and all parties, written objections which shall specifically identify the portions of the proposed findings, recommendations or report to which objection is Case 4:25-cv-01960-MWB Document 5 Filed 12/23/25 Page 18 of 19
19 made and the basis for such objections. The briefing requirements set forth in Local Rule 72.2 shall apply. A judge shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made and may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. The judge, however, need conduct a new hearing only in his or her discretion or where required by law, and may consider the record developed before the magistrate judge, making his or her own determination on the basis of that record. The judge may also receive further evidence, recall witnesses or recommit the matter to the magistrate judge with instructions. Dated: December 23, 2025 s/ Leo A. Latella LEO A. LATELLA United States Magistrate Judge Case 4:25-cv-01960-MWB Document 5 Filed 12/23/25 Page 19 of 19
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