Middle District of Florida • 2:26-cv-00847
Montiel Fernandez v. Noem (Collier County)
Completed
Case Information
Filed: March 24, 2026
Assigned to:
Sheri Polster Chappell
Referred to:
Nicolas P. Mizell
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (Federal)
Completed: March 30, 2026
Last Activity:
April 20, 2026
Parties:
View All Parties →
Docket Entries
#1
Jan 30, 2026
Second APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 . Filing fee $ 5.00. IFP Filed, filed by Jose Demetrio Montiel Fernandez. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s))(Iverson, David) [Transferred from flsd on 3/24/2026.] (Attachments 1 and 2 replaced on 3/25/2026 to flatten documents) (LAW). Modified text on 3/25/2026 (LAW). (Entered: 01/30/2026)
Main Document:
Second
#2
Jan 30, 2026
Clerks Notice of Judge Assignment to Judge Ed Artau. (kpe) [Transferred from flsd on 3/24/2026.] (Entered: 01/30/2026)
#3
Jan 30, 2026
Summons Issued as to Kristi Noem, U.S. Attorney and U.S. Attorney General (kpe) [Transferred from flsd on 3/24/2026.] (Entered: 01/30/2026)
Main Document:
Summons
#4
Feb 11, 2026
PAPERLESS SUA SPONTE ORDER Having reviewed the record, it is unclear whether the Court has subject matter jurisdiction over this action. Therefore, the parties shall brief the Court's subject matter jurisdiction under 8 U.S.C. § 1252(b)(9), 8 U.S.C. § 1252(g), and/or any other applicable statutory provision. Additionally, because the docket entry title for the petition [ECF No. 1] indicates that this is a "second" petition for writ of habeas corpus, the parties shall also brief whether this petition is barred by res judicata and/or any other similar doctrine. The petitioner shall file his brief on or by February 18, 2026. The respondents shall file a brief on or by February 25, 2026. The petitioner may file a reply on or by March 4, 2026. Signed by Judge Ed Artau (twh) [Transferred from flsd on 3/24/2026.] (Entered: 02/11/2026)
#5
Feb 12, 2026
NOTICE of Attorney Appearance by Liviu Lungu on behalf of Kristi Noem. Attorney Liviu Lungu added to party Kristi Noem(pty:dft). (Lungu, Liviu) [Transferred from flsd on 3/24/2026.] (Entered: 02/12/2026)
Main Document:
NOTICE
#6
Feb 17, 2026
NOTICE of Attorney Appearance by Liviu Lungu on behalf of Kristi Noem (Lungu, Liviu) [Transferred from flsd on 3/24/2026.] (Entered: 02/17/2026)
Main Document:
NOTICE
#7
Feb 17, 2026
MOTION to Dismiss for Lack of Jurisdiction 1 Application/Petition (Complaint) for Writ of Habeas Corpus,, MOTION to Change Venue by Kristi Noem. Responses due by 3/3/2026. (Attachments: # 1 Exhibit Exh A (Detention History))(Lungu, Liviu) [Transferred from flsd on 3/24/2026.] (Entered: 02/17/2026)
Main Document:
MOTION
#8
Feb 18, 2026
RESPONSE to Motion re 7 MOTION to Dismiss for Lack of Jurisdiction 1 Application/Petition (Complaint) for Writ of Habeas Corpus, MOTION to Change Venue filed by JOSE DEMETRIO MONTIEL FERNANDEZ. Replies due by 2/25/2026. (Attachments: # 1 PETITIONERS MOTION TO TRANSFER VENUE)(Iverson, David) [Transferred from flsd on 3/24/2026.] (Entered: 02/18/2026)
Main Document:
RESPONSE
#9
Mar 23, 2026
ORDER TRANSFERRING CASE. Motion to Dismiss for Lack of Jurisdiction or Motion to Change Venue DE 7 is GRANTED. The Clerk of the Court shall TRANSFER this case to the United States District Court for the Middle District of Florida. This CASE IS CLOSED. Signed by Judge Ed Artau on 3/23/2026. See attached document for full details. (ebz) [Transferred from flsd on 3/24/2026.] (Entered: 03/24/2026)
Main Document:
Order on Motion to Change Venue / Transfer Case AND Order on Motion to Dismiss / Lack of Jurisdiction
#10
Mar 24, 2026
Case transferred in from District of Florida Southern; Case Number 0:26-cv-60262. File received electronically (Entered: 03/24/2026)
Main Document:
Case Transferred In - District Transfer
#11
Mar 24, 2026
Case TRANSFERRED from the Southern District of Florida. Case assigned to District Judge Chappell and Magistrate Judge Mizell. New Case Number: 2:26-cv-847-SPC-NPM. (AJS) (Entered: 03/24/2026)
Mar 24, 2026
District Transfer In
#12
Mar 25, 2026
ORDER to respond and show cause why the petition should not be granted. The Clerk is directed to serve the petition. Response to petition due by 4/1/2026. The Petitioner has 3 days to reply to the response to petition. Signed by Judge Sheri Polster Chappell on 3/25/2026. (CAW) (Entered: 03/25/2026)
Main Document:
Order to Respond to Habeas Petition
#13
Mar 27, 2026
Notice of voluntary dismissal
Main Document:
Notice of voluntary dismissal
#14
Mar 30, 2026
ENDORSED ORDER dismissing this action without prejudice per the Joint Notice of Voluntary Dismissal (Doc. 13). See Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk is DIRECTED to deny all pending motions as moot, terminate all deadlines, and close the case. Signed by Judge Sheri Polster Chappell on 3/30/2026. (NMC) (Entered: 03/30/2026)
Mar 30, 2026
Order Dismissing Case
#15
Apr 20, 2026
Proof of Service
Main Document:
Proof of Service
Parties
Montiel Fernandez
Party
Noem (Collier County)
Party