3:25-cv-02634•GODMAN v. OBERLIESEN et al
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Page 1 of 6 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION TAMMY GODMAN, Plaintiff, v. Case No. 3:25cv2634-MCR-HTC DAVID JAMES OBERLIESEN and BRAD EDWARD EMBRY, Defendants. __________________________/ REPORT AND RECOMMENDATION Plaintiff Tammy Godman, proceeding pro se, has filed a “Civil Complaint Claim in Equity,” (Doc. 1), which seeks to prevent a foreclosure sale that took place on December 18, 2025.1 Upon consideration, the undersigned concludes this case should be DISMISSED WITHOUT PREJUDICE for lack of jurisdiction, as it is barred by the Rooker-Feldman doctrine.2 I. BACKGROUND On September 13, 2023, PennyMac Loan Services filed suit in Florida state court to foreclose on the property located at 727 Denise Dr. in Baker, Florida. See 1 The Court takes judicial notice that the Okaloosa County Circuit Court published a Certificate of Sale on December 18, 2025, indicating the property at issue was offered for public sale and sold to the highest bidder for cash. PennyMac Loan Services LLC v. Tammy Belinda Arcos et al., Case No. 2023-CA-3402, Doc. 186 (Fla. Okaloosa County Ct. Dec. 18, 2025). 2 The doctrine derives its name from two cases: Rooker v. Fidelity Trust Co., 263 U.S. 413 (1923) and District of Columbia Court of Appeals v. Feldman, 460 U.S. 462 (1983). Case 3:25-cv-02634-MCR-HTC Document 6 Filed 12/29/25 Page 1 of 6
Page 2 of 6 Case No. 3:25cv2634-MCR-HTC PennyMac Loan Services LLC v. Tammy Belinda Arcos3 et al., Case No. 2023-CA- 3402, Doc. 141 at 2 (Fla. Okaloosa County Ct. July 29, 2025). The state court documents show that Plaintiff Godman and her husband were the mortgagors on the loan in default. Id., Doc. 4 at 10. On July 29, 2025, the state court issued a Final Judgment of Foreclosure against Defendants after they did not appear for trial. Id. at 1. Godman maintains Defendants violated her due process rights during the foreclosure proceedings because the state court did not “first address[] jurisdiction over trust property or the effect of fiduciary administration,” (Doc. 1-1 at 3) and because she was denied a jury trial (Doc. 1-1 at 4).4 As relief, she requests declaratory and injunctive relief in the form of: (1) a temporary restraining order to maintain the status quo; (2) a preliminary injunction “enjoining Defendants…from conducting or facilitating any foreclosure sale or transfer of the Property;” (3) a permanent injunction against Defendants from enforcing foreclosure; and (4) 3 The Court may take judicial notice of the state court docket for the foreclosure proceeding. See Paez v. Sec’y, Fla. Dep’t of Corr., 947 F.3d 649, 652-53 (11th Cir. 2020). The state court litigation identifies Godman as Tammy Belinda Arcos. Some aspects of Godman’s complaint, including bringing the complaint “[i]n her capacity as duly accepted Executor and Fiduciary of the Estates of TAMMY BELINDA ARCOS©™ and TAMMY BELINDA GODMAN®,” are associated with the sovereign citizen movement. See Doc. 1-1 at 1. Courts have routinely rejected that movement’s legal theories as frivolous. See United States v. Sterling, 738 F.3d 228, 233 n. 1 (11th Cir. 2013) (“Courts have been confronted repeatedly by [sovereign citizens’] attempts to delay judicial proceedings and have summarily rejected their legal theories as frivolous.”). 4 Shortly after filing this suit, Godman also filed suit against PennyMac arising out of the same foreclosure action and alleging PennyMac violated her due process rights and RESPA. Godman v. PennyMac Loan Servs., LLC, 3:25cv2657TKW/HTC (pending Report and Recommendation for dismissal). Case 3:25-cv-02634-MCR-HTC Document 6 Filed 12/29/25 Page 2 of 6
Page 3 of 6 Case No. 3:25cv2634-MCR-HTC declaratory relief that there is an “actual controversy” preventing foreclosure enforcement until “resolving jurisdiction, jury-trial rights, and equitable interests.” Doc. 1-1 at 4-5. II. DISCUSSION The Rooker-Feldman doctrine prohibits a district court from exercising subject matter jurisdiction over a complaint “brought by state-court losers complaining of injuries caused by state-court judgments rendered before the district court proceedings commenced and inviting district court review and rejection of those judgments.”5 Exxon Mobil Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280, 284 (2005). The doctrine bars claims where “the source of the plaintiff’s injury is the state-court judgment itself,” Efron v. Candelario, 110 F.4th 1229, 1236 (11th Cir. 2024), “whether the plaintiff admits to filing a direct appeal of the judgment or tries to call the appeal something else.” Behr v. Campbell, 8 F.4th 1206, 1211 (11th Cir. 2021) (citation omitted). Here, the state court entered a final judgment of foreclosure on July 29, 2025—nearly five months before Godman filed this federal action on December 18. And because Godman asks this Court to permanently enjoin the foreclosure sale 5 The Court is obligated to sua sponte consider whether it has subject matter jurisdiction over a plaintiff’s claims under the Rooker-Feldman doctrine. See Linares v. Armor Corr. Health Servs., Inc., 591 F. App’x 924 (11th Cir. 2015) (affirming district court’s sua sponte dismissal of plaintiff’s complaint for lack of subject matter jurisdiction under the Rooker-Feldman doctrine and noting “[i]f at any time the district court determines that it lacks subject matter jurisdiction, it must dismiss the action”). Case 3:25-cv-02634-MCR-HTC Document 6 Filed 12/29/25 Page 3 of 6
Page 4 of 6 Case No. 3:25cv2634-MCR-HTC (which has already happened), it is clear she effectively wants the Court to nullify the judgment of foreclosure and let her keep litigating the issues already decided in state court. In claiming she “does not seek review or reversal of a final state court judgment but seeks prospective declaratory and injunctive relief” (Doc. 1 at 9; see also Doc. 1-1 at 1), Godman merely “tries to call the appeal something else” (Behr, 8 F.4th at 1211). Thus, this case should be dismissed without prejudice under the Rooker-Feldman doctrine. See, e.g., Froncek v. Nationstar Mortg. LLC, 2015 WL 12838166, at *1 (M.D. Fla. Aug. 3, 2015) (concluding court lacked jurisdiction under Rooker-Feldman doctrine to stop foreclosure sale and consider propriety of state foreclosure order); see also, Leathers v. Specialized Loan Servicing, LLC, 3:25cv51TKW/HTC (February 7, 2025) (Doc. 5) (adopting, over objection, report and recommendation, for dismissal of suit attacking foreclosure judgment as violating due process rights based on Rooker-Feldman). Finally, even if this action was not barred by Rooker-Feldman, it would still be subject to dismissal for lack of jurisdiction because Godman has not alleged the existence of federal subject matter or diversity jurisdiction. See 28 U.S.C. §§ 1331, 1332. First, diversity jurisdiction cannot exist because Godman, a Florida resident, Case 3:25-cv-02634-MCR-HTC Document 6 Filed 12/29/25 Page 4 of 6
Page 5 of 6 Case No. 3:25cv2634-MCR-HTC sues a Florida state court judge, Judge Oberliesen, and the Okaloosa County Clerk of Court, Brad Embry.6 See 28 U.S.C. § 1332(a)(1). Second, there is no federal subject matter jurisdiction because Godman’s alleged due process claim is purely conclusory and unsupported by any facts. See Denson v. Carson, 2008 WL 2157099, at *2 (M.D. Fla. May 21, 2008) (rejecting plaintiff’s attempt to invoke federal question jurisdiction by allegation violation of due process rights during foreclosure where plaintiff “alleges no facts in her complaint to support her claim that the Fourth Judicial Circuit deprived her of due process”); see also, Butler v. Morgan, 562 F. App’x 832, 835 (11th Cir. 2014) (“The sole reference to federal law in the amended complaint—a single footnote citation listing, without context or elaboration, various constitutional amendments—is 6 Judge Oberliesen is also immune from liability for injunctive relief because Godman does not contend the judge violated a decree or that declaratory relief is unavailable to her. See Tarver v. Reynolds, 808 F. App’x 752, 754 (11th Cir. 2020) (state court judges are immune from liability, including declaratory and injunctive relief, unless the judge has either violated a declaratory decree, or declaratory relief is otherwise unavailable to plaintiff). Moreover, immunity applies because Godman has an adequate remedy at law – an appeal of the foreclosure judgment. See id. (“A state appellate process is an adequate remedy at law.”) (citing Sibley v. Lando, 437 F.3d 1067, 1074 (11th Cir. 2005). In an unpublished decision, the Eleventh Circuit extended this immunity to the clerk of court. See Daker v. Keaton, 2021 WL 3556921, at *3 (11th Cir. August 12, 2021) (noting that under § 1983, declaratory or injunctive relief is available against a judicial official, including a clerk or court, only if the official “violated a declaratory decree or declaratory relief [was] otherwise be unavailable”); but see Courthouse News Srvc. v. Forman, 4:22cv106-MW- MAF, Order on Defendant’s Motion to Dismiss, ECF Doc. 45 (N.D. Fla. June 10, 2022) (determining the function at issue—“implementing a policy governing docketing civil complaints”—was nonjudicial in nature, and therefore refusing to extend quasi-judicial immunity to the clerk of court). Case 3:25-cv-02634-MCR-HTC Document 6 Filed 12/29/25 Page 5 of 6
Page 6 of 6 Case No. 3:25cv2634-MCR-HTC inadequate to demonstrate a federal question under the well-pleaded complaint rule.”). Accordingly, it is RECOMMENDED that: 1. This case be DISMISSED WITHOUT PREJUDICE for lack of jurisdiction. 2. The Clerk close the file. At Pensacola, Florida, this 29 th day of December, 2025. /s/ Hope Thai Cannon HOPE THAI CANNON UNITED STATES MAGISTRATE JUDGE NOTICE TO THE PARTIES Objections to these proposed findings and recommendations must be filed within fourteen (14) days of the date of the Report and Recommendation. Any different deadline that may appear on the electronic docket is for the court’s internal use only and does not control. An objecting party must serve a copy of its objections upon all other parties. A party who fails to object to the magistrate judge’s findings or recommendations contained in a report and recommendation waives the right to challenge on appeal the district court’s order based on the unobjected-to factual and legal conclusions. See 11th Cir. Rule 3-1. Case 3:25-cv-02634-MCR-HTC Document 6 Filed 12/29/25 Page 6 of 6
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