Middle District of Florida • 2:26-cv-01041

#1

Mar 31, 2026

APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241. Filing fee $ 5.00 (No Fee Paid/No IFP filed), filed by Alexis Diequez Montoro.Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (scn) [Transferred from flsd on 4/6/2026.] (Entered: 03/31/2026)

#2

Mar 31, 2026

Judge Assignment to Judge Raag Singhal. (scn) [Transferred from flsd on 4/6/2026.] (Entered: 03/31/2026)

#3

Apr 01, 2026

MOTION to Dismiss for Lack of Jurisdiction 1 Application/Petition (Complaint) for Writ of Habeas Corpus, MOTION to Change Venue by Director Interim ICE, ICE Director Field Offices, Secretary of Department of Homeland Security, US Attorney General. Attorney Carlos Javier Raurell added to party Director Interim ICE(pty:dft), Attorney Carlos Javier Raurell added to party ICE Director Field Offices(pty:dft), Attorney Carlos Javier Raurell added to party Secretary of Department of Homeland Security(pty:dft), Attorney Carlos Javier Raurell added to party US Attorney General(pty:dft). Responses due by 4/15/2026. (Raurell, Carlos) [Transferred from flsd on 4/6/2026.] (Entered: 04/01/2026)

#4

Apr 03, 2026

ORDER. The Clerk of Court is directed to CLOSE this case and DENY AS MOOT any pending motions.Clerk of Court shall transfer this case to the United States District Court for the Middle District of Florida. Signed by Judge Raag Singhal on 4/3/2026. See attached document for full details. (cwc) [Transferred from flsd on 4/6/2026.] (Entered: 04/03/2026)

#5

Apr 06, 2026

Case transferred in from District of Florida Southern; Case Number 1:26-cv-22233. File received electronically (Entered: 04/06/2026)

#6

Apr 06, 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-1041-SPC-NPM. (JNB) (Entered: 04/06/2026)

#7

Apr 06, 2026

NOTICE TO COUNSEL Carlos Raurell of Local Rule 2.01(b)(1)(G), which requires members of the Middle District bar to register with the Middle District CM/ECF system by submitting an e-file registration through PACER. The attorney listed shall file a notice of compliance within fourteen days. Failure to comply with this notice within fourteen days will result in counsel being terminated from the docket sheet without further notice. (Signed by Deputy Clerk). (JNB) (Entered: 04/06/2026)

Apr 06, 2026

District Transfer In

Apr 06, 2026

Notice to Counsel of Local Rule

#8

Apr 07, 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 4/14/2026. The Petitioner has 3 days to reply to the response to petition. Signed by Judge Sheri Polster Chappell on 4/7/2026. (CAW) (Entered: 04/07/2026)

#9

Apr 14, 2026

Notice of appearance

#10

Apr 14, 2026

Notice of appearance

#11

Apr 14, 2026

Response to habeas petition

#12

Apr 14, 2026

Dismiss

#13

Apr 15, 2026

ENDORSED ORDER denying Respondent Warden of South Florida Detention Facility's Motion to Dismiss Petition for Writ of Habeas Corpus (Doc. 12). "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 4/15/2026. (SAP) (Entered: 04/15/2026)

#14

Apr 15, 2026

TEXT ORDER. Petitioner filed a petition for writ of habeas corpus on March 31, 2026, but did not pay the $5 filing fee or file an application to proceed without prepaying fees or costs (Doc. 1). See 28 U.S.C. § 1915(a). By April 29, 2026, Petitioner must either pay the filing fee, apply to proceed in forma pauperis, or show cause why this case should not be dismissed for failing to either pay or apply to proceed IFP. Failure to do so may result in dismissal of this action without further notice. Signed by Magistrate Judge Nicholas P. Mizell on 4/15/2026. (TLP) (Entered: 04/15/2026)

Apr 15, 2026

Order

Apr 15, 2026

Order on Motion to Dismiss

#15

Apr 21, 2026

Opinion and order

Apr 22, 2026

FEES Paid by Alexis Diequez Montoro (Filing fee $5, Receipt Number 17556). (ABM)

Apr 22, 2026

Fees Paid

#16

Apr 24, 2026

Proof of Service

#17

May 15, 2026

Reconsideration / Clarification

#18

May 18, 2026

Opinion and order

#19

May 19, 2026

Judgment