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govinfo:USCOURTS-txed-5_25-cv-00124-0

U.S. District Court for the Eastern District of Texas · 2026-06-17

· GavelSight synced 2026-09-06 03:49:43

IN THE UNITED STATES DISTRICT COURT 
FOR THE EASTERN DISTRICT OF TEXAS 
TEXARKANA DIVISION 
 
FRANCISCO VALTIERRA-ZUNIGA 
 
 P etitioner, 
 
v. 
 
UNITED STATES OF AMERICA 
 
 Respondent. 
 
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CIVIL ACTION NO. 5:25-CV-124-RWS-JBB 
 
 
ORDER ADOPTING REPORT AND RECOMMENDATION 
OF THE UNITED STATES MAGISTRATE JUDGE 
 Before the Court is Petitioner Francisco Valtierra -Zuniga’s petition for the writ of habeas 
corpus under 28 U.S.C. § 2241. Docket No. 1. The case was referred to United States Magistrate 
Judge J. Boone Baxter in accordance with 28 U.S.C. § 636. 
On April 28, 2026, the m agistrate judge issued a r eport and recommendation, 
recommending the above petition be dismissed as moot. Docket No. 9. A copy of the report and 
recommendation was sent to Petitioner at his last known address, return receipt requested, but was 
returned as undeliverable.1 Docket No. 10. 
As of this date of this Order, no objections have been filed with respect to the April 28, 
2026 report and recommendation. Because no objections have been filed, Petitioner is barred from 
de novo review by the District Court of the m agistrate judge’s findings, conclusions, and 
recommendations, and, except upon grounds of plain error, from appellate review of the 
unobjected-to factual findings and legal conclusions accepted and adopted by the District Court. 
 
1 Eastern District of Texas Local Rule CV -11(d) requires that a pro se litigant must provide the 
Court with a physical address and is responsible for keeping the Clerk of Court advised in writing 
of his current physical address. PageID #: 
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Page 2 of 2 
See Duarte v. City of Lewisville, 858 F.3d 348, 352 (5th Cir. 2017); Arriaga v. Laxminarayan, 
Case No. 4:21-CV-00203-RAS, 2021 WL 3287683, at *1 (E.D. Tex. July 31, 2021). 
The Court reviewed the pleadings in this case and the r eport and recommendation of the 
magistrate judge and determines that the report and recommendation is correct. See United States 
v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989) (where no objections to a magistrate judge’s report 
and recommendation are filed, the standard of review is “clearly erroneous, abuse of discretion 
and contrary to law.”). Accordingly, it is 
ORDERED that the report and recommendation of the magistrate judge (Docket No. 9) is 
ADOPTED as the opinion of the District Court. It is further 
ORDERED that the above-styled petition for the writ of habeas corpus is DISMISSED -
AS-MOOT. It is further 
ORDERED that any and all motions which may be pending in this civil action are hereby 
DENIED-AS-MOOT. 
 
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____________________________________
ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE
So ORDERED and SIGNED this 17th day of June, 2026. PageID #: 
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