Middle District of Florida • 2:26-cv-01332

#1

Apr 23, 2026

First PETITION for Writ of Habeas Corpus - Federal (Filing fee $ 5 receipt number AFLMDC-24841240) filed by Benito Benitez Trejo. (Attachments: # 1 Proposed Summons, # 2 Civil Cover Sheet, # 3 Exhibit List, # 4 Exhibit A, # 5 Exhibit B)(Mosquera, Fabbina) (Entered: 04/23/2026)

#2

Apr 23, 2026

MOTION for Fabbina Mosquera to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-24841253 for $150 by Benito Benitez Trejo. (Mosquera, Fabbina) (Entered: 04/23/2026)

#3

Apr 24, 2026

NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Nicholas P. Mizell. New case number: 2:26-cv-1332-SPC-NPM. Motion(s) REFERRED: 2 MOTION for Fabbina Mosquera to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-24841253 for $150 . Motion(s) referred to Magistrate Judge Nicholas P. Mizell. (LMF) (Entered: 04/24/2026)

Apr 24, 2026

Case Assigned/Reassigned

#4

Apr 27, 2026

NOTICE TO COUNSEL Fabbina Mosquera 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. The attorney listed shall file a notice of compliance within fourteen days. Failure to comply with this notice within fourteen days will result in counsel being terminated from the docket sheet without further notice. (Signed by Deputy Clerk). (JVC) (Entered: 04/27/2026)

Apr 27, 2026

Notice to Counsel of Local Rule

#5

Apr 28, 2026

Order to Respond to Habeas Petition

#6

Apr 30, 2026

Appear Pro Hac Vice

#7

Apr 30, 2026

Notice of Lead Counsel Designation

#8

May 01, 2026

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

#9

May 04, 2026

Response to habeas petition

#10

May 04, 2026

Notice of appearance

#11

May 04, 2026

Dismiss

#12

May 05, 2026

ENDORSED ORDER denying Respondent Warden of Florida Soft-Sided Facility's Motion to Dismiss Petition for Writ of Habeas Corpus (Doc. 11). "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 5/5/2026. (SAP) (Entered: 05/05/2026)

May 05, 2026

Order on Motion to Dismiss

#13

May 06, 2026

Reply to response to petition

#14

May 08, 2026

Opinion and order

#15

May 11, 2026

Judgment

#16

May 15, 2026

Proof of Service