Calderone v. Comcast Cable Communication LLC

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
STEVE CALDERONE,
Plaintiff,
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v. 	CIVIL ACTION NO. 4:25-cv-3985
COMCAST CABLE
COMMUNICATION LLC,
Defendant.
MEMORANDUM AND RECOMMENDATION
On 	February 	3, 	2026, 	this 	Court 	canceled 	the 	initial 	scheduling
conference and ordered Plaintiff to show cause, in writing, as to why he has
failed to comply with the Court’s December 30, 2025 Order to properly serve
Defendant. (ECF No. 11); see FED. R. C IV . P. 4(m) (requiring defendant(s) to be
served within 90 days after the filing of the complaint). 	The Court advised
Plaintiff that failure to comply with the Show Cause Order would result in a
recommendation that the case be dismissed. (ECF No. 11; see also ECF No. 7).
Plaintiff failed to comply with the Court’s order. (ECF No. 11). By failing
to comply with the Court order, Plaintiff has prevented this action from
proceeding. The Court should therefore exercise its inherent power to prevent
undue delays in the disposition of pending cases and sua sponte dismiss this
action without prejudice. See Coe v. United States, No. 3:23-cv-1627, 2023 WL
United States District Court
Southern District of Texas
ENTERED
February 17, 2026
Nathan Ochsner, Clerk
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9231455, at *2 (N.D. Tex. Dec. 21, 2023), report and recommendation adopted,
No. 3:23-cv-1627, 2024 WL 150441 (N.D. Tex. Jan. 12, 2024) (“Rule 41(b) allows
a court to dismiss an action sua sponte for failure to prosecute or for failure to
comply with the federal rules or any court order.”).
Due to Plaintiff’s failure to 	comply with a Court order, 	the Court
recommends the case be dismissed without prejudice.
The Clerk shall send copies of this Memorandum and Recommendation
to the respective parties who have fourteen days from the receipt thereof to file
written objections thereto pursuant to Federal Rule of Civil Procedure 72(b)
and General Order 2002-13. Failure to file written objections within the time
period mentioned shall bar an aggrieved party from attacking the factual
findings and legal conclusions on appeal.
SIGNED in Houston, Texas on February 17, 2026.
______________________________
Richard W. Bennett
United States Magistrate Judge
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