Garza v. United States of America

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
MCALLEN DIVISION
MIGUEL GARZA
VS.
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CIVIL ACTION NO. 7:25-CV-045
CRIMINAL ACTION NO. 7:22-CR-302-2
UNITED STATES OF AMERICA
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
AND GRANTING DISMISSAL
The Court has reviewed the magistrate judge's Report and Recommendation regarding
Petitioner Garza's action pursuant to 28 U.S.C. § 2255. After having reviewed the Report and
Recommendation, and no objections having been filed by either party, 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 Juan F. Alanis' Report and Recommendation entered as Docket Entry No.
10 are hereby adopted by this Court.
FURTHER, the Court, having adopted the magistrate judge's conclusions, is of the opinion
that Respondent's Motion for Summary Judgment and Response should be GRANTED, the
Motion to Vacate Sentence under 28 U.S.C. § 2255 should be DISMISSED, and a certificate of
appealability should be DENIED.
The Clerk shall send a copy of this Order to Petitioner and counsel for Respondent.
SO ORDERED January 22, 2026, at McAllen, Texas.
______________________________
Randy Crane
Chief United States District Judge
United States District Court
Southern District of Texas
ENTERED
January 22, 2026
Nathan Ochsner, Clerk
Case 7:25-cv-00045 Document 12 Filed 01/22/26 in TXSD Page 1 of 1