Tovar v. UNITED STATES OF AMERICA

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
MCALLEN DIVISION
JOSE LUIS TOVAR, §
§
Petitioner, §
§
v. § Civil Action No. 7:25-CV-00374
§
UNITED STATES OF AMERICA, §
§
Respondent. §
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
Pending before the Court is the March 24, 2026, Memorandum and
Recommendation (“M&R”) prepared by Magistrate Judge Juan F. Alanis. (Dkt. No. 13).
Judge Alanis made findings and conclusions and recommended that Respondent’s
Response and Motion to Dismiss Petitioner’s Motion to Have Personal Property
Returned, (Dkt. No. 12), be granted, (Dkt. No. 13). As such, Judge Alanis recommended
that this Court dismiss Plaintiff’s Motion for Return of Seized Property Pursuant to Rule
41(g), (Dkt. No. 3).
The Parties were provided proper notice and the opportunity to object to the M&R.
See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). No party filed an objection. As a result,
review is straightforward: plain error. Guillory v. PPG Indus., Inc., 434 F.3d 303, 308 (5th
Cir. 2005). No plain error appears.
Accordingly, the Court accepts the M&R and adopts it as the opinion of the Court.
It is therefore ordered that:
United States District Court
Southern District of Texas
ENTERED
April 10, 2026
Nathan Ochsner, Clerk
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(1) Judge Alanis’s M&R, (Dkt. No. 13), is ACCEPTED and ADOPTED in its
entirety as the holding of the Court;
(2) Respondent’s Response and Motion to Dismiss Petitioner’s Motion to
Have Personal Property Returned, (Dkt. No. 12), is GRANTED; and
(3) Petitioner’s Motion for Return of Seized Property Pursuant to Rule 41(g),
(Dkt. No. 3), is DENIED and this matter is DISMISSED.
The Clerk is instructed to CLOSE this action.
It is SO ORDERED.
Signed on April 9, 2026.
___________________________________
DREW B. TIPTON
UNITED STATES DISTRICT JUDGE
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