Garcia v. United States of America

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
MCALLEN DIVISION
NESTOR GARCIA §
BOP #01214-510, §
§
Movant, §
§
v. § Civil Action No. 7:24-CV-00411
§
§ Criminal Action No. 7:22-CR-00911-1
§
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. (Civ. Dkt. No. 17). Judge Alanis
made findings and conclusions and recommended that Defendant’s Motion for Summary
Judgment, (Civ. Dkt. No. 13), be granted, that Movant’s Motion to Vacate, Set Aside, or
Correct Sentence under 28 U.S.C. § 2255, (Civ. Dkt. No. 1), should be denied, and this case
be dismissed with prejudice.
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
January 20, 2026
Nathan Ochsner, Clerk
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(1) Judge Alanis’s M&R, (Civ. Dkt. No. 17), is ACCEPTED and ADOPTED in
its entirety as the holding of the Court; and
(2) Defendant’s Motion for Summary Judgment, (Civ. Dkt. No. 13), is
GRANTED; and
(3) Movant’s Motion to Vacate, Set Aside, or Correct Sentence under § 2255,
(Civ. Dkt. No. 1), should be DENIED.
It is SO ORDERED.
Signed on January 19, 2026.
___________________________________
DREW B. TIPTON
UNITED STATES DISTRICT JUDGE
Case 7:24-cv-00411 Document 18 Filed 01/19/26 in TXSD Page 2 of 2