Calderone v. Comcast Cable Communication LLC

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
STEVE CALDERONE,
Plaintiff,
versus
COMCAST CABLE
COMMUNICATION, LLC,
Defendant.
§
§
§
§
§
§
§
§
§
§
CIVIL ACTION NUMBER
4:25-cv-3985
JUDGE CHARLES ESKRIDGE
ORDER ADOPTING
MEMORANDUM AND RECOMMENDATION
Plaintiff Steve Calderone proceeds here pro se. He sued
Defendant Comcast Cable Communication, LLC, for
breach of contract. See Dkt 1 at 3. The matter was referred
for disposition to Magistrate Judge Richard Bennett.
Dkt 5.
Judge Bennett entered an order noting Plaintiff’s
failure to timely serve Defendant and ordering him to
effectuate service by January 29, 2026. See Dkt 10.
Plaintiff failed to file proof of service or otherwise respond.
Judge Bennett then ordered Plaintiff to show cause by
February 13, 2026, as to why this case shouldn’t be
dismissed for want of prosecution. See Dkt 11. Plaintiff
again failed to respond. Judge Bennett entered a
Memorandum and Recommendation recommending that
this action be dismissed without prejudice. Dkt 14.
The district court reviews de novo those conclusions of
a magistrate judge to which a party has specifically
objected. See FRCP 72(b)(3) & 28 USC § 636(b)(1)(C); see
also United States v Wilson, 864 F2d 1219, 1221 (5th Cir
1989, per curiam). The district court may accept any other
United States District Court
Southern District of Texas
ENTERED
March 27, 2026
Nathan Ochsner, Clerk
Case 4:25-cv-03985 Document 15 Filed 03/27/26 in TXSD Page 1 of 2

2
portions to which there’s no objection if satisfied that no
clear error appears on the face of the record. See Guillory v
PPG Industries Inc, 434 F3d 303, 308 (5th Cir 2005), citing
Douglass v United Services Automobile Association, 79 F3d
1415, 1430 (5th Cir 1996, en banc); see also FRCP 72(b)
advisory committee note (1983).
No party filed objections. No clear error appears upon
review and consideration of the Memorandum and
Recommendation, the record, and the applicable law.
The Memorandum and Recommendation of the
Magistrate Judge is ADOPTED as the Memorandum and
Order of this Court. Dkt 14.
This action is DISMISSED WITHOUT PREJUDICE.
A final judgment will enter separately.
SO ORDERED.
Signed on March 27, 2026, at Houston, Texas.
___________________________
Honorable Charles Eskridge
United States District Judge
Case 4:25-cv-03985 Document 15 Filed 03/27/26 in TXSD Page 2 of 2