Nestor Garcia v. United States of America

UNITED STATES DISTRICT COURT January 20, 2026 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk 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: (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