Middle District of Florida • 2:26-cv-01204
Herrera Rivas v. Warden, Florida Soft Side South Detention Facility
Completed
Case Information
Filed: April 16, 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 04, 2026
Last Activity:
May 06, 2026
Parties:
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Docket Entries
#1
Apr 16, 2026
PETITION for Writ of Habeas Corpus - Federal (Filing fee $ 5 receipt number AFLMDC-24794292) filed by LEANDRO HERRERA RIVAS. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit EXHIBIT A, # 3 Exhibit EXHIBIT B, # 4 Exhibit EXHIBIT C, # 5 Exhibit EXHIBIT D, # 6 Exhibit EXHIBIT E, # 7 Exhibit EXHIBIT F, # 8 Exhibit EXHIBIT G, # 9 Exhibit EXHIBIT H)(Berns, Samantha) (Entered: 04/16/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Apr 17, 2026
NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Nicholas P. Mizell. New case number: 2:26-cv-01204-SPC-NPM. (TDC) (Entered: 04/17/2026)
#3
Apr 17, 2026
NOTICE TO COUNSEL Samantha Topper Berns of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (TDC) (Entered: 04/17/2026)
#4
Apr 17, 2026
Notice of Lead Counsel Designation
Main Document:
Notice of Lead Counsel Designation
Apr 17, 2026
Notice to Counsel of Local Rule
Apr 17, 2026
Case Assigned/Reassigned
#5
Apr 21, 2026
Order to Respond to Habeas Petition
Main Document:
Order to Respond to Habeas Petition
#6
Apr 28, 2026
Notice of appearance
Main Document:
Notice of appearance
#7
Apr 28, 2026
Response to habeas petition
Main Document:
Response to habeas petition
#8
Apr 28, 2026
Notice of appearance
Main Document:
Notice of appearance
#9
Apr 28, 2026
Dismiss
Main Document:
Dismiss
#10
Apr 29, 2026
ENDORSED ORDER denying Respondent Warden of Florida Soft Side South Detention Facility's Motion to Dismiss Petition for Writ of Habeas Corpus (Doc. 9). "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
#11
Apr 30, 2026
Response
Main Document:
Response
#12
May 01, 2026
Opinion and order
Main Document:
Opinion and order
#13
May 04, 2026
Judgment
Main Document:
Judgment
#14
May 06, 2026
Proof of Service
Main Document:
Proof of Service
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