Eastern District of California • 1:26-cv-03156

#1

Apr 09, 2026

PETITION for Writ of Habeas Corpus - Federal (Filing fee $ 5.00, receipt number 17513) filed by Wistong Francois. (Attachments: # 1 Civil Cover Sheet, # 2 Mailing Envelope)(JTM) [Transferred from flmd on 4/27/2026.] (Entered: 04/10/2026)

#2

Apr 13, 2026

ORDER to respond and show cause why the petition should not be granted. The Clerk is directed to serve the petition. Response to petition due by 4/20/2026. The Petitioner has 3 days to reply to the response to petition. Signed by Judge Sheri Polster Chappell on 4/13/2026. (CAW) [Transferred from flmd on 4/27/2026.] (Entered: 04/13/2026)

#3

Apr 17, 2026

NOTICE of Appearance by Nicholas John Peter Meros on behalf of Warden, Florida Soft Side South Detention Center (Meros, Nicholas) [Transferred from flmd on 4/27/2026.] (Entered: 04/17/2026)

#4

Apr 17, 2026

MOTION to Dismiss for Lack of Jurisdiction by Attorney General of the United States. (Attachments: # 1 Exhibit A)(Connally, Charlie) [Transferred from flmd on 4/27/2026.] (Entered: 04/17/2026)

#5

Apr 20, 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) [Transferred from flmd on 4/27/2026.] (Entered: 04/20/2026)

#6

Apr 20, 2026

ENDORSED ORDER denying Respondent Warden of Florida Soft Side South Detention Center's Motion to Dismiss Petition for Writ of Habeas Corpus (Doc. 5 ). "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 4/20/2026. (SAP) [Transferred from flmd on 4/27/2026.] (Entered: 04/20/2026)

#7

Apr 23, 2026

ORDER. 1. The government's Motion to Dismiss (Doc. 4) is granted in part. 2. Under 28 U.S.C. § 1631 this case is TRANSFERRED to the Eastern District of California - Fresno Division for all further proceedings. 3. The Clerk is DIRECTED to forward the file to that District, deny any motions as moot, terminate the deadlines, and close the Fort Myers file. Signed by Judge Sheri Polster Chappell on 4/23/2026. (SEJ) [Transferred from flmd on 4/27/2026.] (Entered: 04/23/2026)

#8

Apr 27, 2026

CASE ELECTRONICALLY TRANSFERRED to the Eastern District of California. (LMF) [Transferred from flmd on 4/27/2026.] (Entered: 04/27/2026)

#9

Apr 27, 2026

CASE TRANSFERRED IN from District of Florida Middle; Case Number 2:26-cv-01094. (Entered: 04/27/2026)

#10

Apr 27, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 6/1/2026. (Attachments: # 1 Order re Consent) (Deputy Clerk SSA) (Entered: 04/27/2026)

#11

Apr 27, 2026

CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Anonymous) (Entered: 04/27/2026)

#12

Apr 27, 2026

CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Anonymous) (Entered: 04/27/2026)

#13

Apr 27, 2026

MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 4/27/2026: The Court is in receipt of Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ). On review the issues raised in the Petition appear to mirror those previously addressed by the Court in many prior cases. See Garcia Mariagua v. Chestnut, No. 1:25-cv-01744-DJC-CSK; Ortega v. Noem, No. 1:25-cv-01663-DJC-CKD; Lopez v. Lyons, No. 2:25-cv-03174-DJC-CKD. Respondents are ORDERED TO SHOW CAUSE on or before April 30, 2026, as to why the Court should not grant a writ of habeas corpus by filing a return as provided in 28 U.S.C. § 2243. In such a return, Respondents should identify any factual or legal issues in this case that render it distinguishable from the Court's prior orders listed above and justify denying the petition, or indicate this matter is not substantively distinguishable. This matter is not set for a hearing though the Court may set one should it later be determined that a hearing is necessary. The Clerk of the Court shall serve a copy of this Order together with a copy of Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 on the United States Attorney. Counsel for Respondents shall promptly enter notices of appearance. [TEXT ONLY ORDER] (Deputy Clerk GJM) (Entered: 04/27/2026)

#14

Apr 27, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Melissa K. Lott, GOVT for Attorney General of the United States,Melissa K. Lott, GOVT for Warden, Florida Soft Side South Detention Center, attorney Charlie Dustin Connally and Jonathan Yu, GOVT terminated (Yu, Jonathan) (Entered: 04/27/2026)

Apr 27, 2026

Case Transferred Out - District

Apr 27, 2026

Service by Mail

Apr 27, 2026

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

Apr 27, 2026

SERVICE BY MAIL: 10 Prisoner New Case Documents served on Wistong Francois. (Deputy Clerk SSA)

Apr 27, 2026

SERVICE BY MAIL: 13 Minute Order served on Wistong Francois. (Deputy Clerk GJM)

#15

Apr 28, 2026

ANSWER to PETITION FOR WRIT OF HABEAS CORPUS by Attorney General of the United States, Warden, Florida Soft Side South Detention Center. (Attachments: # 1 Exhibit I-213, # 2 Exhibit Rap Sheet)(Lott, Melissa) (Entered: 04/28/2026)

#16

Apr 28, 2026

CERTIFICATE / PROOF of SERVICE by Attorney General of the United States, Warden, Florida Soft Side South Detention Center re 15 Answer to Petition for Writ of Habeas Corpus. Attorney Lott, Melissa K. added.. Attorney Lott, Melissa K. added as counsel of record. (Lott, Melissa) (Entered: 04/28/2026)

#17

Apr 28, 2026

Order AND ~Util - Terminate Civil Case

#18

Apr 28, 2026

Judgment

Apr 28, 2026

Service by Mail

Apr 29, 2026

Service by Mail