Middle District of Florida • 2:26-cv-01138
Mosegue v. Warden, South Florida Detention Facility
Completed
Case Information
Filed: April 13, 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)
Completed: May 07, 2026
Last Activity:
May 07, 2026
Parties:
View All Parties →
Docket Entries
#2
Apr 13, 2026
MOTION to Proceed In Forma Pauperis by Pedro Mosegue. (Attachments: # 1 Mailing Envelope)(LMF) Motions referred to Magistrate Judge Nicholas P. Mizell. (Entered: 04/15/2026)
Main Document:
Proceed In Forma Pauperis
#1
Apr 15, 2026
Petition for Writ of Habeas Corpus
Main Document:
Petition for Writ of Habeas Corpus
#3
Apr 16, 2026
ENDORSED ORDER granting the petitioner's request to proceed in forma pauperis (Doc. 2). Signed by Magistrate Judge Nicholas P. Mizell on 4/16/2026. (NMC) (Entered: 04/16/2026)
#4
Apr 16, 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 4/23/2026. The Petitioner has 3 days to reply to the response to petition. Signed by Judge Sheri Polster Chappell on 4/16/2026. (CAW) (Entered: 04/16/2026)
Main Document:
Order to Respond to Habeas Petition
Apr 16, 2026
Order on Motion to Proceed In Forma Pauperis
#5
Apr 22, 2026
Notice of appearance
Main Document:
Notice of appearance
#6
Apr 22, 2026
Response to habeas petition
Main Document:
Response to habeas petition
#7
Apr 23, 2026
Dismiss
Main Document:
Dismiss
#8
Apr 29, 2026
ENDORSED ORDER denying Respondent Warden of South Florida Detention Facility'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 4/29/2026. (SAP) (Entered: 04/29/2026)
#9
Apr 29, 2026
Opinion and order
Main Document:
Opinion and order
Apr 29, 2026
Order on Motion to Dismiss
#10
May 05, 2026
MOTION for Miscellaneous Relief, specifically for Clarification by U.S. Attorney General. (Karahalios, Alexandra) Motions referred to Magistrate Judge Nicholas P. Mizell. (Entered: 05/05/2026)
Main Document:
Miscellaneous Relief
#11
May 06, 2026
Opinion and order
Main Document:
Opinion and order
#12
May 07, 2026
Judgment
Main Document:
Judgment
Parties
Mosegue
Party
Warden, South Florida Detention Facility
Party