Middle District of Florida • 2:26-cv-01056

Fernandez Molina v. Ripa

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Case Information

Filed: April 06, 2026
Assigned to: Sheri Polster Chappell
Referred to: Douglas N. Frazier
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (Federal)
Active
Last Activity: April 27, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 06, 2026
First PETITION for Writ of Habeas Corpus - Federal (Filing fee $ 5 receipt number AFLMDC-24729315) filed by Jose Luis Fernandez Molina. (Attachments: # 1 Civil Cover Sheet)(Arroyo, Phillip) (Entered: 04/06/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 06, 2026
NOTICE of Lead Counsel Designation by Phillip H. Arroyo on behalf of Jose Luis Fernandez Molina. Lead Counsel: Phillip Arroyo. (Arroyo, Phillip) (Entered: 04/06/2026)
Main Document: Notice of Lead Counsel Designation
#3
Apr 07, 2026
NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Douglas N. Frazier. New case number: 2:26-cv-1056-SPC-DNF. (RLD) (Entered: 04/07/2026)
Apr 07, 2026
Case Assigned/Reassigned
#4
Apr 08, 2026
Order to Respond to Habeas Petition
Main Document: Order to Respond to Habeas Petition
#5
Apr 14, 2026
Response to habeas petition
Main Document: Response to habeas petition
#6
Apr 15, 2026
Notice of appearance
Main Document: Notice of appearance
#7
Apr 15, 2026
MOTION to Dismiss Petition for Writ of Habeas Corpus by Warden, Florida Soft Side South. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Meros, Nicholas) (Entered: 04/15/2026)
Main Document: Dismiss
#8
Apr 15, 2026
ENDORSED ORDER denying Respondent Warden of Florida Soft Side South's Motion to Dismiss Petition for Writ of Habeas Corpus (Doc. 7). "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)
Apr 15, 2026
Order on Motion to Dismiss
#9
Apr 21, 2026
Opinion and order
Main Document: Opinion and order
#10
Apr 23, 2026
Judgment - Prisoner
Main Document: Judgment - Prisoner
#11
Apr 27, 2026
Proof of Service
Main Document: Proof of Service