QUINTANILLA v. STATE OF FLORIDA

Filing 5

ORDER DISMISSING PETITION - The report and recommendation 4 is ACCEPTED. The clerk must enter judgment stating, "The petition is dismissed." Signed by JUDGE ROBERT L HINKLE on 8/28/2013. (dlt)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION

ELVIS ANTONION ANDRADE QUINTANILLA,
Petitioner,
v.

CASE NO. 4:13cv389-RH/CAS

STATE OF FLORIDA,
HILLSBOROUGH COUNTY, FLORIDA,
Respondent.
_______________________________________________/

ORDER DISMISSING PETITION
This case is before the court on the magistrate judge’s report and
recommendation, ECF No. 4. No objections have been filed. As correctly set out
in the report and recommendation, the petition is time barred.
The objections period provided the petitioner adequate time to assert any
disagreement. Thus, for example, had the petitioner filed a state-court collateral
challenge to his conviction or sentence sufficient to toll the limitations period, the
petitioner could have so noted in objections. He did not. Accordingly,
IT IS ORDERED:

Case No. 4:13cv389-RH/CAS

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The report and recommendation is ACCEPTED. The clerk must enter
judgment stating, “The petition is dismissed.” The clerk must close the file.
SO ORDERED on August 28, 2013.
s/Robert L. Hinkle
United States District Judge

Case No. 4:13cv389-RH/CAS