Alcala v. et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
MCALLEN DIVISION
ELOY JIOVANNI PEREZ ALCALA,
Petitioner,
VS.
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CIVIL ACTION NO. 7:25-CV-130
BOBBY LUMPKIN,
Respondent.
ORDER ADOPTING REPORT AND RECOMMENDATION
The Court has reviewed the Magistrate Judge’s Report and Recommendation (Civ. Dkt.
No. 19) and Petitioner’s objections thereto (Civ. Dkt. No. 24). The Court has conducted a de novo
review of the record in this matter as it pertained to the specific objections raised by Petitioner,
pursuant to 28 U.S.C. § 636(b)(1). After having reviewed the Report and Recommendation,
Petitioner’s objections, and the record as it pertained thereto, 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 J. Scott Hacker’s Report and Recommendation are hereby adopted.
FURTHER, the Court, having adopted the Magistrate Judge’s conclusions, is of the opinion
that Petitioner’s application to proceed in forma pauperis on appeal is DENIED, and the Court
CERTIFIES that an appeal of this case would not be taken in good faith.
SO ORDERED June 22, 2026, at McAllen, Texas.
______________________________
Randy Crane
Chief United States District Judge
United States District Court
Southern District of Texas
ENTERED
June 22, 2026
Nathan Ochsner, Clerk
Case 7:25-cv-00130 Document 28 Filed 06/22/26 in TXSD Page 1 of 1