Middle District of Florida • 2:26-cv-01344
Rubio Rincon v. Ripa (Collier)
Completed
Case Information
Filed: April 24, 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 13, 2026
Last Activity:
May 27, 2026
Parties:
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Docket Entries
#1
Apr 24, 2026
PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number AFLMDC-24846001) filed by Tomas Rubio Rincon. (Attachments: # 1 Civil Cover Sheet)(Hernandez, Hector) (Entered: 04/24/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Apr 24, 2026
NOTICE of Lead Counsel Designation by Hector Hernandez on behalf of Tomas Rubio Rincon. Lead Counsel: Hector Hernandez, Esq.. (Hernandez, Hector) (Entered: 04/24/2026)
Main Document:
Notice of Lead Counsel Designation
#3
Apr 28, 2026
NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Nicholas P. Mizell. New case number: 2:26-cv-1344-SPC-NPM. (LMF) (Entered: 04/28/2026)
Apr 28, 2026
Case Assigned/Reassigned
#4
Apr 29, 2026
Order to Respond to Habeas Petition
Main Document:
Order to Respond to Habeas Petition
#5
May 04, 2026
Notice of appearance
Main Document:
Notice of appearance
#6
May 06, 2026
Dismiss
Main Document:
Dismiss
#7
May 06, 2026
ENDORSED ORDER denying Respondent Warden of Alligator Alcatraz'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 5/6/2026. (SAP) (Entered: 05/06/2026)
#8
May 06, 2026
Response to habeas petition
Main Document:
Response to habeas petition
#9
May 06, 2026
Reply to Response to Motion
Main Document:
Reply to Response to Motion
May 06, 2026
Order on Motion to Dismiss
#10
May 07, 2026
NOTICE of Filing Supplemental Authority
Main Document:
NOTICE of Filing Supplemental Authority
#12
May 13, 2026
Judgment - Prisoner
Main Document:
Judgment - Prisoner
#13
May 15, 2026
Proof of Service
Main Document:
Proof of Service
#14
May 15, 2026
Enforce Judgment
Main Document:
Enforce Judgment
#15
May 18, 2026
ENDORSED ORDER directing the government to respond to the Petitioner's Emergency Motion to Enforce This Court's May 13, 2026 Opinion and Order and for Immediate Release (Doc. 14) by 3:00 p.m. on 5/18/2026. Signed by Judge Sheri Polster Chappell on 5/18/2026. (NMC) (Entered: 05/18/2026)
#16
May 18, 2026
Response to motion
Main Document:
Response to motion
May 18, 2026
Order
#17
May 19, 2026
ENDORSED ORDER directing the government to file a supplemental response to Doc. 14 on 5/26/2026 to address how the respondents complied with the Court's habeas order by the 5/23/2026 deadline. Signed by Judge Sheri Polster Chappell on 5/19/2026. (NMC) (Entered: 05/19/2026)
May 19, 2026
Order
#18
May 26, 2026
Supplement
Main Document:
Supplement
#19
May 27, 2026
ENDORSED ORDER denying petitioner Tomas Rubio Rincon's Emergency Motion to Enforce (Doc. 14) as moot because the government has released him from custody. Signed by Judge Sheri Polster Chappell on 5/27/2026. (NMC) (Entered: 05/27/2026)
May 27, 2026
Order on Motion to Enforce Judgment
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