Tomasso v. Peddle et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
LUDOVICO TOMASSO,
Plaintiff.
V.
BONNIE PEDDLE, et al.,
Defendants.
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3:24-cv-280
ORDER ADOPTING MAGISTRATE JUDGE’S
MEMORANDUM AND RECOMMENDATION
On September 26, 2024, all pretrial matters in this case were referred to
United States Magistrate Judge Andrew M. Edison under 28 U.S.C. § 636(b)(1).
Dkt. 5. Judge Edison filed a memorandum and recommendation on April 20,
2026, recommending that the court sua sponte dismiss Tomasso as the plaintiff
and afford the Southern Bell’s owner 21 days to move for substitution as the
plaintiff in this action. Dkt. 56.
No objections have been filed to the memorandum and recommendation.
Accordingly, the court reviews it for plain error on the face of the record. 28 U.S.C.
§ 636(b)(1); F ED . R. CIV . P. 72(b)(3).
Based on the pleadings, the record, and the applicable law, the court finds
that there is no plain error apparent from the face of the record. Accordingly:
(1) 	Judge 	Edison’s 	memorandum 	and 	recommendation, 	Dkt. 	56, 	is
approved and adopted in its entirety as the holding of the court;
(2) 	Tomasso is dismissed as the plaintiff in this action;
United States District Court
Southern District of Texas
ENTERED
June 04, 2026
Nathan Ochsner, Clerk
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(3) All other pending motions, Dkts. 34, 35, 39, 40, and 53, are denied as
moot; and
(4) The real party in interest has 21 days to move for substitution as the
plaintiff in this action. If the real party in interest does not appear within
21 days, this action will be dismissed without prejudice.
SIGNED on Galveston Island this 4th day of June, 2026.
______________________________
JEFFREY VINCENT BROWN
UNITED STATES DISTRICT JUDGE
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