Middle District of Florida • 2:26-cv-01326
Francisco v. Warden, Florida Soft Side South Detention Center
Completed
Case Information
Filed: April 23, 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 11, 2026
Last Activity:
May 15, 2026
Parties:
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Docket Entries
#1
Apr 23, 2026
PETITION for Writ of Habeas Corpus - Federal filed by Oses Francisco. (Attachments: # 1 Mailing Envelope)(ABM) (Entered: 04/24/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Apr 24, 2026
MOTION to Proceed In Forma Pauperis by Oses Francisco. (Attachments: # 1 Mailing Envelope)(ABM) Motions referred to Magistrate Judge Douglas N. Frazier. (Entered: 04/24/2026)
Main Document:
Proceed In Forma Pauperis
#3
Apr 24, 2026
ENDORSED ORDER granting 2 Application to Proceed in District Court Without Prepaying Fees or Costs. Signed by Magistrate Judge Douglas N. Frazier on 4/24/2026. (BRH) (Entered: 04/24/2026)
Apr 24, 2026
Order on Motion to Proceed In Forma Pauperis
#4
Apr 28, 2026
Order to Respond to Habeas Petition
Main Document:
Order to Respond to Habeas Petition
#5
May 04, 2026
Response to habeas petition
Main Document:
Response to habeas petition
#6
May 04, 2026
Notice of appearance
Main Document:
Notice of appearance
#7
May 04, 2026
MOTION to Dismiss Petition for Writ of Habeas Corpus by Warden, Florida Soft Side South Detention Center. (Attachments: # 1 Exhibit "A", # 2 Exhibit "B")(Meros, Nicholas) Motions referred to Magistrate Judge Douglas N. Frazier. (Entered: 05/04/2026)
Main Document:
Dismiss
#8
May 05, 2026
ENDORSED ORDER denying Respondent Warden of Florida Soft Side South Detention Center'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 5/5/2026. (SAP) (Entered: 05/05/2026)
May 05, 2026
Order on Motion to Dismiss
#9
May 08, 2026
Opinion and order
Main Document:
Opinion and order
#10
May 11, 2026
JUDGMENT granting Oses Francisco's Petition for Writ of Habeas Corpus. Signed by Deputy Clerk (LD) (Entered: 05/11/2026)
Main Document:
Judgment
#11
May 15, 2026
Proof of Service
Main Document:
Proof of Service
Parties
Francisco
Party
Warden, Florida Soft Side South Detention Center
Party