Aleman-Zurita v. United States of America

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
MCALLEN DIVISION
NIEVES ALEMAN-ZURITA
VS.
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CIVIL ACTION NO. 7:25-CV-037
CRIMINAL ACTION NO. 7:22-CR-1917-1
UNITED STATES OF AMERICA
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
AND GRANTING DISMISSAL
The Court has reviewed the magistrate judge's Report and Recommendation regarding
Petitioner Aleman-Zurita's action pursuant to 28 U.S.C. § 2255. After having reviewed the Report
and Recommendation, and no objections having been filed by either party, the Court is of the
opinion that the conclusions in said Report and Recommendation should be adopted by this Court.
It is, therefore, ORDERED, ADJUDGED and DECREED that the conclusions in United States
Magistrate Judge Juan F. Alanis' Report and Recommendation entered as Docket Entry No. 11 are
hereby adopted by this Court.
FURTHER, the Court, having adopted the magistrate judge's conclusions, is of the opinion
that United States' Motion for Summary Judgment should be GRANTED, the Motion to Vacate
Sentence under 28 U.S.C. § 2255 should be DISMISSED, and that a certificate of appealability
should be DENIED.
The Clerk shall send a copy of this Order to the Petitioner and counsel for Respondent.
SO ORDERED January 22, 2026, at McAllen, Texas.
______________________________
Randy Crane
Chief United States District Judge
United States District Court
Southern District of Texas
ENTERED
January 22, 2026
Nathan Ochsner, Clerk
Case 7:25-cv-00037 Document 13 Filed 01/22/26 in TXSD Page 1 of 1