Middle District of Florida • 2:26-cv-00884

#1

Mar 24, 2026

APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241. Filing fee $ 5.00 not paid/no ifp filed, filed by Juan Jose Duque.Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (drz) [Transferred from flsd on 3/26/2026.] (Entered: 03/25/2026)

#2

Mar 24, 2026

Clerks Notice of Judge Assignment to Judge K. Michael Moore. (drz) [Transferred from flsd on 3/26/2026.] (Entered: 03/25/2026)

#3

Mar 26, 2026

ORDER TRANSFERRING and CLOSING case. The Clerk of Court is DIRECTED to TRANSFER this case to the United States District Court for the Middle District of Florida. Signed by Judge K. Michael Moore on 3/26/2026. See attached document for full details. (ss01) [Transferred from flsd on 3/26/2026.] (Entered: 03/26/2026)

#4

Mar 26, 2026

Case transferred in from District of Florida Southern; Case Number 1:26-cv-21980. File received electronically (Entered: 03/26/2026)

#5

Mar 26, 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-884-SPC-NPM. (AJS) (Entered: 03/26/2026)

Mar 26, 2026

District Transfer In

#6

Mar 27, 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 4/3/2026. The Petitioner has 3 days to reply to the response to petition. Signed by Judge Sheri Polster Chappell on 3/27/2026. (CAW) (Entered: 03/27/2026)

#7

Apr 02, 2026

Notice of appearance

#8

Apr 02, 2026

Notice of appearance

#9

Apr 03, 2026

Response to habeas petition

#10

Apr 03, 2026

Dismiss

#11

Apr 06, 2026

ENDORSED ORDER denying Respondent Warden of Florida Soft Side South's Motion to Dismiss Petition for Writ of Habeas Corpus (Doc. 10). "The federal habeas statute straightforwardly provides that the proper respondent to a habeas petition is the person who has custody over the petitioner." Rumsfeld v. Padilla, 542 U.S. 426, 434 (2004) (cleaned up). While courts have recognized that immigration detainees in state-run facilities can bring habeas claims against certain federal officials, see, e.g., Masingene v. Martin, 424 F. Supp. 3d 1298, 1301 (S.D. Fla. 2020), the immediate custodian is also a proper respondent. As the immediate custodian of the petitioner, the Warden is a proper respondent to his habeas petition. Signed by Judge Sheri Polster Chappell on 4/6/2026. (SAP) (Entered: 04/06/2026)

Apr 06, 2026

Order on Motion to Dismiss

#12

Apr 08, 2026

Opinion and order

#13

Apr 10, 2026

Judgment - Prisoner

#14

Apr 17, 2026

Proof of Service