Bazan v. United States of America

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
MCALLEN DIVISION
CRISTOBAL BAZAN, §
§
Movant, §
§
v. § Civil Action No. 7:25-CV-00523
§ Criminal Action No. 7:21-CR-00167
§
UNITED STATES OF AMERICA, §
§
Respondent. §
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
Pending before the Court is the January 9, 2026, Report and Recommendation
(“R&R”) prepared by Magistrate Judge J. Scott Hacker. (Dkt. No. 2). Judge Hacker made
findings and conclusions and recommended that Bazan’s Second Section 2255 Motion,
(Dkt. No. 1), be denied without prejudice and dismissed for lack of jurisdiction, (Dkt. No.
2). Judge Hacker also recommended denying a certificate of appealability. (Id.).
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:
(1) Judge Hacker’s R&R, (Dkt. No. 2), is ACCEPTED and ADOPTED in its
entirety as the holding of the Court; and
(2) Bazan’s Second Section 2255 Motion, (Dkt. No. 1), is DENIED.
United States District Court
Southern District of Texas
ENTERED
April 03, 2026
Nathan Ochsner, Clerk
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It is SO ORDERED.
Signed on April 3, 2026.
___________________________________
DREW B. TIPTON
UNITED STATES DISTRICT JUDGE
Case 7:25-cv-00523 Document 4 Filed 04/03/26 in TXSD Page 2 of 2