Middle District of Florida • 2:26-cv-00911
Ruiz Rivas v. Noem (Collier County)
Completed
Case Information
Filed: March 27, 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: April 14, 2026
Last Activity:
April 14, 2026
Parties:
View All Parties →
Docket Entries
#1
Mar 27, 2026
PETITION for Writ of Habeas Corpus - Federal (Filing fee $ 5 receipt number AFLMDC-24681520) filed by Elvin Nicolas Ruiz Rivas. (Attachments: # 1 Civil Cover Sheet Habeas Corpus)(Neree, Dufirstson) (Entered: 03/27/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Mar 27, 2026
NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Nicholas P. Mizell. New case number: 2:26-cv-911-SPC-NPM. (RPB) (Entered: 03/27/2026)
Mar 27, 2026
Case Assigned/Reassigned
#3
Mar 30, 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 4/6/2026. The Petitioner has 3 days to reply to the response to petition. Signed by Judge Sheri Polster Chappell on 3/30/2026. (CAW) (Entered: 03/30/2026)
Main Document:
Order to Respond to Habeas Petition
#4
Mar 30, 2026
NOTICE TO COUNSEL Dufirstson Julio Neree of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (LJC) (Entered: 03/30/2026)
Mar 30, 2026
Notice to Counsel of Local Rule
#5
Apr 05, 2026
Notice of appearance
Main Document:
Notice of appearance
#6
Apr 05, 2026
Notice of appearance
Main Document:
Notice of appearance
#7
Apr 06, 2026
Response to habeas petition
Main Document:
Response to habeas petition
#8
Apr 06, 2026
Dismiss
Main Document:
Dismiss
#9
Apr 07, 2026
Response in Opposition to Motion
Main Document:
Response in Opposition to Motion
#10
Apr 07, 2026
Leave to File Document
Main Document:
Leave to File Document
#11
Apr 07, 2026
Notice of appearance
Main Document:
Notice of appearance
#12
Apr 08, 2026
ENDORSED ORDER denying Respondent Warden Matthew Mordant's Motion to Dismiss Petition for Writ of Habeas Corpus (Doc. 8). "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 4/8/2026. (SAP) (Entered: 04/08/2026)
#13
Apr 08, 2026
ENDORSED ORDER denying as moot Petitioner's Motion for Leave to Reply to Federal Respondents' Response to Habeas Corpus (Doc. 10) because the court already gave the petitioner leave to file a reply. (See Doc. 3). Signed by Magistrate Judge Nicholas P. Mizell on 4/8/2026. (NMC) (Entered: 04/08/2026)
Apr 08, 2026
Order on Motion to Dismiss
Apr 08, 2026
Order on Motion for Leave to File Document
#14
Apr 10, 2026
Reply to response to petition
Main Document:
Reply to response to petition
#16
Apr 14, 2026
Judgment
Main Document:
Judgment
Parties
Noem (Collier County)
Party
Ruiz Rivas
Party