Quintanilla v. Warden Diamondback Correctional Facility

1
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
ANTONIO ISRAEL LAZO
QUINTANILLA,
Petitioner,
v.
WARDEN, DIAMONDBACK
CORRECTIONAL FACILITY,
Respondent.
)
)
)
)
)
)
)
)
)
)
)
Case No. CIV-26-339-D
ORDER
Petitioner Antonio Israel Lazo Quintanilla filed a Petition for Writ of Habeas Corpus
pursuant to 28 U.S.C. § 2241. [Doc. No. 1]. The matter was referred to the United States
Magistrate Judge Amanda L. Maxfield for initial proceedings in accordance with 28 U.S.C.
§ 636(b)(1)(B) and (C). [Doc. No. 5].
On February 27, 2026, the magistrate judge concluded that Petitioner had not paid
the filing fee or sought leave to proceed in forma pauperis. [Doc. No. 6]. The magistrate
judge directed Petitioner to either pay the filing fee or seek leave to proceed in forma
pauperis, on or before March 20, 2026. Id. The magistrate judge warned that “[f]ailure to
comply with this Order may result in dismissal of this action.” Id.
To date, Petitioner has not paid the filing fee or sought leave to proceed in forma
pauperis. On March 25, 2026, the magistrate judge issued a Report and Recommendation
[Doc. No. 7], in which she recommends that the Court dismiss without prejudice
Petitioner’s habeas action for failure to comply with the magistrate judge’s February 27,
Case 5:26-cv-00339-D Document 8 Filed 04/22/26 Page 1 of 2

2
2026 Order. In her report, the magistrate judge notified Petitioner of his right to file an
objection to the report on or before April 15, 2026, and that failure to object waives
Petitioner’s right to appellate review of both factual and legal issues contained in the report.
See Moore v. United States, 950 F.2d 656, 659 (10th Cir. 1991).
Upon review of the file and noting no timely objection to the findings and
recommendations 	of 	the 	magistrate 	judge, 	the 	Court 	ADOPTS 	the 	Report 	and
Recommendation [Doc. No. 7] in its entirety.
For 	the 	reasons 	stated 	therein, 	this 	action 	is 	DISMISSED 	WITHOUT
PREJUDICE. A separate judgment shall be entered.
IT IS SO ORDERED this 22 nd day of April, 2026.
. DeGIUSTI
Chief United States District Judge
Case 5:26-cv-00339-D Document 8 Filed 04/22/26 Page 2 of 2