Middle District of Florida • 2:26-cv-01149

Portunodo v. Warden, South Florida Detention Facility

Completed

Case Information

Filed: April 13, 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)
Completed: May 05, 2026
Last Activity: May 18, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 13, 2026
PETITION for Writ of Habeas Corpus - Federal filed by Alexei Javier Portunodo. (Attachments: # 1 Mailing Envelope)(LMF) (Entered: 04/15/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 13, 2026
MOTION to Proceed In Forma Pauperis by Alexei Javier Portunodo. (LMF) Motions referred to Magistrate Judge Douglas N. Frazier. (Entered: 04/15/2026)
Main Document: Proceed In Forma Pauperis
#3
Apr 15, 2026
ENDORSED ORDER granting 2 Motion to Proceed In Forma Pauperis, finding that Plaintiff is a pauper authorized to proceed with the Complaint without payment of a filing fee. Signed by Magistrate Judge Douglas N. Frazier on 4/15/2026. (BRH) (Entered: 04/15/2026)
Apr 15, 2026
Order on Motion to Proceed In Forma Pauperis
#4
Apr 16, 2026
Order to Respond to Habeas Petition
Main Document: Order to Respond to Habeas Petition
#5
Apr 22, 2026
Notice of appearance
Main Document: Notice of appearance
#6
Apr 22, 2026
Notice of appearance
Main Document: Notice of appearance
#7
Apr 23, 2026
Response to habeas petition
Main Document: Response to habeas petition
#8
Apr 23, 2026
Dismiss
Main Document: Dismiss
#9
Apr 29, 2026
ENDORSED ORDER denying Respondent Warden of South Florida Detention Facility's Motion to Dismiss Petition for Writ of Habeas Corpus (Doc. 8). "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)
Apr 29, 2026
Order on Motion to Dismiss
#10
May 01, 2026
Opinion and order
Main Document: Opinion and order
#12
May 05, 2026
JUDGMENT denying Petition for Writ of Habeas Corpus. (Signed by Deputy Clerk) (LAW) (Entered: 05/05/2026)
Main Document: Judgment - Prisoner
#14
May 18, 2026
Proof of Service
Main Document: Proof of Service

Parties

Portunodo
Party
Warden, South Florida Detention Facility
Party