Middle District of Florida • 2:26-cv-00970

#1

Mar 27, 2026

APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241. Filing fee $ 5.00. IFP Filed, filed by Yosvany Perez Roche.(cds) [Transferred from flsd on 4/1/2026.] (Entered: 03/27/2026)

#2

Mar 27, 2026

Judge Assignment to Judge Roy K. Altman (cds) [Transferred from flsd on 4/1/2026.] (Entered: 03/27/2026)

#3

Mar 27, 2026

MOTION for Leave to Proceed in forma pauperis by Yosvany Perez Roche. Responses due by 4/10/2026. (cds) [Transferred from flsd on 4/1/2026.] (Entered: 03/27/2026)

#4

Apr 01, 2026

ORDER Transferring Case to the United States District Court for the Middle District of Florida, Fort Myers Division. Denying as moot 3 Motion for Leave to Proceed in forma pauperis. Closing Case. Signed by Judge Roy K. Altman on 4/1/2026. See attached document for full details. (ls) [Transferred from flsd on 4/1/2026.] (Entered: 04/01/2026)

#5

Apr 01, 2026

Case transferred in from District of Florida Southern; Case Number 1:26-cv-22091. File received electronically (Entered: 04/01/2026)

#6

Apr 01, 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-970-SPC-NPM. (JNB) (Entered: 04/01/2026)

Apr 01, 2026

District Transfer In

#7

Apr 02, 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 4/9/2026. The Petitioner has 3 days to reply to the response to petition. Signed by Judge Sheri Polster Chappell on 4/2/2026. (CAW) (Entered: 04/02/2026)

#8

Apr 08, 2026

Response to habeas petition

#9

Apr 08, 2026

Disclosure Statement - LR 3.03 and FRCP 7.1

#10

Apr 08, 2026

Notice of appearance

#11

Apr 09, 2026

Dismiss

#12

Apr 10, 2026

ENDORSED ORDER denying Respondent Warden of Florida Soft Side South Detention Center's Motion to Dismiss Petition for Writ of Habeas Corpus (Doc. 11). "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 4/10/2026. (SAP) (Entered: 04/10/2026)

Apr 10, 2026

Order on Motion to Dismiss

#13

Apr 15, 2026

Opinion and order

#14

Apr 15, 2026

Judgment

#15

Apr 22, 2026

Proof of Service