UNITED STATES DISTRICT COURT April 09, 2024 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk MCALLEN DIVISION

OMAR GARCIA-REGALADO § § Petitioner § VS. § Civil Case No. 7:23-CV-00368 § UNITED STATES OF AMERICA §

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Pending before the Court is the February 23, 2024 Report and Recommendation (“R&R”) prepared by Magistrate Judge Juan F. Alanis. (Dkt. No. 6). Magistrate Judge Alanis made findings and conclusions and recommended that United States’ Motion for Summary Judgment, (Dkt. No. 4), be granted and that Garcia-Regalado’s Motion under 28 U.S.C § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody, (Dkt. No. 1), be denied. (Dkt. No. 6). The Parties were provided proper notice and the opportunity to object to the R&R. See

(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.,

(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) Magistrate Judge Alanis’s R&R (Dkt. No. 6) is ACCEPTED and ADOPTED in its entirety as the holding of the Court; and (2) United States’ Motion for Summary Judgment, (Dkt. No. 4), is GRANTED; and (3) Garcia-Regalado’s Motion under 28 U.S.C § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody, (Dkt. No. 1), is DENIED; and (4) The Court DECLINES to issue a certificate of appealability in this matter. It is SO ORDERED. Signed on April 9, 2024.

DREW B. TIPTON UNITED STATES DISTRICT JUDGE