Lozano-Salazar v. United States Of America

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
MCALLEN DIVISION
JOSE FELIPE LOZANO-SALAZAR, §
§
Petitioner, §
§
v. § Civil Action No. 7:25-CV-00196
§
§ Criminal Action No. 7:22-CR-01378-5
§
UNITED STATES OF AMERICA, §
§
Respondent. §
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
Pending before the Court is the December 18, 2025, Report and Recommendation
(“R&R”) prepared by Magistrate Judge Juan F. Alanis. (Dkt. No. 18). Judge Alanis made
findings and conclusions and recommended that Petitioner’s Motion to Vacate, Set Aside,
or Correct Sentence pursuant to 28 U.S.C. § 2255, (Dkt. No. 1), be denied and dismissed
with prejudice, that Petitioner’s Motion for Leave to File Amended § 2255 Motion, (Dkt.
No. 15), and Petitioner’s Motion to Amend § 2255 Motion, (Dkt. No. 16), be denied as
moot, and this case be closed. (Dkt. No. 18).
The Parties were provided proper notice and the opportunity to object to the R&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 R&R and adopts it as the opinion of the Court.
It is therefore ordered that:
United States District Court
Southern District of Texas
ENTERED
January 26, 2026
Nathan Ochsner, Clerk
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(1) Judge Alanis’s R&R, (Dkt. No. 18), is ACCEPTED and ADOPTED in its
entirety as the holding of the Court;
(2) Petitioner’s Motion to Vacate, Set Aside, or Correct Sentence pursuant to
28 U.S.C. § 2255, (Dkt. No. 1), is DENIED; and
(3) Petitioner’s Motion for Leave to File Amended § 2255 Motion, (Dkt. No.
15), and Petitioner’s Motion to Amend § 2255 Motion, (Dkt. No. 16), are
DENIED as moot.
It is SO ORDERED.
Signed on January 23, 2026.
___________________________________
DREW B. TIPTON
UNITED STATES DISTRICT JUDGE
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