Middle District of Florida • 2:26-cv-00953

#1

Mar 10, 2026

APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241. Filing fee $ 5.00 (not paid/ IFP Motion not filed), filed by Luis Millian Martinez.Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (kma) [Transferred from flsd on 3/31/2026.] (Entered: 03/10/2026)

#2

Mar 10, 2026

Judge Assignment to Judge Roy K. Altman (kma) [Transferred from flsd on 3/31/2026.] (Entered: 03/10/2026)

#3

Mar 13, 2026

Defendant's MOTION to Dismiss for Lack of Jurisdiction 1 Application/Petition (Complaint) for Writ of Habeas Corpus, or Transfer to Middle District of Florida by Florida Soft Side South, U.S. Immigration and Custom Enforcement. Attorney Monica L. Haddad added to party Florida Soft Side South(pty:dft), Attorney Monica L. Haddad added to party U.S. Immigration and Custom Enforcement(pty:dft). Responses due by 3/27/2026. (Haddad, Monica) [Transferred from flsd on 3/31/2026.] (Entered: 03/13/2026)

#4

Mar 31, 2026

ORDER: We therefore ORDER AND ADJUDGE that the Clerk of Court shall TRANSFER this case to the United States District Court for the Middle District of Florida, Fort Myers Division. The Respondent's Motion to Dismiss or Transfer Action [ECF No. 3] is DENIED as moot. The Clerk shall CLOSE this case. Closing Case. Signed by Judge Roy K. Altman on 3/31/2026. See attached document for full details. (wce) [Transferred from flsd on 3/31/2026.] (Entered: 03/31/2026)

#5

Mar 31, 2026

Case transferred in from District of Florida Southern; Case Number 1:26-cv-21571. File received electronically (Entered: 03/31/2026)

#6

Mar 31, 2026

Case TRANSFERRED from the Southern District of Florida. Case assigned to District Judge Chappell and Magistrate Judge Frazier. New Case Number: 2:26-cv-953-SPC-DNF. (JNB) (Entered: 03/31/2026)

Mar 31, 2026

District Transfer In

#7

Apr 01, 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 4/8/2026. The Petitioner has 3 days to reply to the response to petition. Signed by Judge Sheri Polster Chappell on 4/1/2026. (CAW) (Entered: 04/01/2026)

#8

Apr 07, 2026

Notice of appearance

#9

Apr 08, 2026

Dismiss

#10

Apr 08, 2026

Response to habeas petition

#11

Apr 09, 2026

ENDORSED ORDER denying Respondent Warden of Florida Soft Side South's Motion to Dismiss Petition for Writ of Habeas Corpus (Doc. 9). "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 4/9/2026. (SAP) (Entered: 04/09/2026)

Apr 09, 2026

Order on Motion to Dismiss

#13

Apr 15, 2026

Opinion and order

#14

Apr 16, 2026

Judgment - Prisoner

#15

Apr 21, 2026

Proof of Service