Southern District of Florida • 1:26-cv-20419

#2

Jan 21, 2026

Judge Assignment to Judge Jacqueline Becerra (kma) (Entered: 01/22/2026)

#3

Jan 21, 2026

MOTION for Leave to Proceed in forma pauperis by Marcelo Pena. (kma) (Entered: 01/22/2026)

#1

Jan 22, 2026

Application/Petition (Complaint) for Writ of Habeas Corpus

Jan 22, 2026

Judge Assignment

#4

Jan 23, 2026

Order of Instructions to Pro Se Litigant

#5

Jan 23, 2026

Order on Motion for Leave to Proceed In Forma Pauperis

#6

Jan 23, 2026

CLERK'S NOTICE of Compliance re 5 Order on Motion for Leave to Proceed in forma pauperis. (ls) (Entered: 01/23/2026)

#7

Jan 23, 2026

Order to Show Cause

Jan 23, 2026

Clerk's Notice (Other) with Optional Ad Hoc NEF

#8

Jan 26, 2026

Expedited Motion

#9

Jan 26, 2026

Notice of Striking

#10

Jan 26, 2026

Expedited Motion

#11

Jan 27, 2026

PAPERLESS ORDER. THIS CAUSE is before the Court on the most recent "Expedited Motion for Reconsideration of the Court's Order to Show Cause" ("Motion"), ECF No. 10, filed by Respondent Warden Krome Center ("Respondent") in this federal habeas corpus proceeding brought pursuant to 28 U.S.C. § 2241. In the Motion, Respondent maintains that, on January 16, 2026, Petitioner was transferred to the Port Isabel Processing Center in Texas. Id. at 2. On January 23, 2026, Respondent alleges that Petitioner "was transferred to and remains at the Florida Soft-Sided Facility ("FSS Facility") in Collier County, Ochopee, Florida. Id. Respondent argues that the FSS Facility, located in Collier County, Florida is within the jurisdiction of the United States District Court for the Middle District of Florida pursuant to 28 U.S.C. § 89(b), therefore, this Court never acquired jurisdiction over the Petition because Petitioner was "outside of the Southern District of Florida " at the time the Petition was filed." Id. at 4. First, Respondent has not provided a certificate of conferral pursuant to S.D. of Fla. Loc. R. 7.1(a)(3), indicating that efforts have been made to contact the Petitioner in a good faith effort to resolve the issues raised in the Motion. Because Respondent has not indicated compliance with S.D. of Fla. Loc. R. 7.1(a)(3), the Court may dismiss the Motion on that basis. Second, it is well-settled that the proper defendant in a habeas case is generally a petitioner's "immediate custodian," that is, the warden of the facility in which the petitioner is incarcerated or detained at the time he files the habeas petition. Rumsfeld v. Padilla, 542 U.S. 426, 439 (2004). However, if a district court properly acquires jurisdiction when the case is filed, then a petitioner's subsequent transfer to another judicial district does not destroy the court's jurisdiction. Rumsfeld, 542 U.S. at 439 (relying on Ex parte Endo, 323 U.S. 283, 306 (1944)). Jurisdiction attaches upon the initial filing of the § 2241 petition and is not destroyed by a petitioner's subsequent government-effectuated transfer and accompanying change in physical custodian. See Padilla, 542 U.S. at 440-41. Review of the record reveals that the envelope enclosing the Petition, ECF No. 1, was mailed on January 14, 2026 from a place with zip code 33194, a location in Miami, Florida. SeeEnvelope, ECF No. 1 at 10 (reflecting the First-Class Postage originated from zip code 33194, the same zip code for the Krome Service Processing Center (the "Krome Center")). Petitioner also listed his return address as to the Krome Center. Id. Thus, Respondent's argument that Petitioner was not within the jurisdiction of this Court fails. Accordingly, upon review of the Motion, ECF No. 10, the pertinent portions of the record, and relevant authorities, it is ORDERED AND ADJUDGED that the Respondent's Motion, ECF No. 10 is DENIED without prejudice. Respondent may refile the Motion if, after conferring with Petitioner, Petitioner agrees to the transfer of this action to the Middle District of Florida. Signed by Judge Jacqueline Becerra on 1/27/2026. (nn) (Entered: 01/27/2026)

Jan 27, 2026

Order on Expedited Motion

#12

Jan 28, 2026

Response to Order to Show Cause

Feb 26, 2026

- Order (PAPERLESS or pdf attached)

Feb 27, 2026

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