Middle District of Florida • 2:26-cv-01124

Graterol Gomez v. Blanche

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Case Information

Filed: April 12, 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)
Active
Last Activity: May 14, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 12, 2026
EMERGENCY PETITION for Writ of Habeas Corpus and MOTION for Temporary Restraining Order and Preliminary Injunction - Federal (Filing fee $ 5 receipt number AFLMDC-24761440) filed by Roger Graterol Gomez. (Attachments: # 1 Civil Cover Sheet)(Mercado, Juan) Modified on 4/13/2026 to t docket text (ELA). (Entered: 04/12/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 13, 2026
NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Nicholas P. Mizell. New case number: 2:26-cv-01124-SPC-NPM. (JOS) (Entered: 04/13/2026)
Apr 13, 2026
Case Assigned/Reassigned
#3
Apr 14, 2026
Order to Respond to Habeas Petition
Main Document: Order to Respond to Habeas Petition
#4
Apr 19, 2026
Notice of appearance
Main Document: Notice of appearance
#5
Apr 19, 2026
Notice of appearance
Main Document: Notice of appearance
#6
Apr 20, 2026
Dismiss
Main Document: Dismiss
#7
Apr 21, 2026
ENDORSED ORDER denying Respondent Warden of Florida South Side Facility's Motion to Dismiss Petition for Writ of Habeas Corpus (Doc. 6). "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 4/21/2026. (SAP) (Entered: 04/21/2026)
#8
Apr 21, 2026
Response to habeas petition
Main Document: Response to habeas petition
Apr 21, 2026
Order on Motion to Dismiss
#9
Apr 30, 2026
Opinion and order
Main Document: Opinion and order
#10
May 01, 2026
Judgment - Prisoner
Main Document: Judgment - Prisoner
#11
May 14, 2026
Proof of Service
Main Document: Proof of Service