Middle District of Florida • 2:26-cv-01375

#1

Apr 27, 2026

PETITION for Writ of Habeas Corpus - Federal filed by Torres Cabeza Fidel. (Attachments: # 1 Mailing Envelope)(ABM) (Entered: 04/28/2026)

#2

Apr 27, 2026

MOTION to Proceed In Forma Pauperis by Torres Cabeza Fidel. (Attachments: # 1 Mailing Envelope)(ABM) Motions referred to Magistrate Judge Douglas N. Frazier. (Entered: 04/28/2026)

#3

Apr 28, 2026

ENDORSED ORDER denying without prejudice 2 Application to Proceed In District Court Without Prepaying Fees or Costs. The Application was not signed. Petitioner may file another application. Signed by Magistrate Judge Douglas N. Frazier on 4/28/2026. (BRH) (Entered: 04/28/2026)

Apr 28, 2026

Order on Motion to Proceed In Forma Pauperis

#4

Apr 29, 2026

ORDER to respond and show cause why the petition should not be granted. The Clerk is directed to serve the petition. The Petitioner has 3 days to reply to the response to petition. Response to petition due by 5/6/2026. Signed by Judge Sheri Polster Chappell on 4/29/2026. (TDC) (Entered: 04/29/2026)

#5

May 06, 2026

Notice of appearance

#6

May 06, 2026

Notice of appearance

#7

May 06, 2026

Notice of appearance

#8

May 06, 2026

Dismiss

#9

May 07, 2026

Response to habeas petition

#10

May 07, 2026

ENDORSED ORDER denying Respondent Warden of Florida Soft Side South Detention Center's Motion to Dismiss Petition for Writ of Habeas Corpus (Doc. 8). "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 5/7/2026. (SAP) (Entered: 05/07/2026)

May 07, 2026

Order on Motion to Dismiss

#12

May 15, 2026

Proof of Service

#13

May 15, 2026

Notice of a Related Action

#14

May 18, 2026

Notice (Other)

#15

May 19, 2026

ENDORSED ORDER dismissing Torres Cabeza Fidel's habeas petition (Doc. 1) as duplicative of Cabeza Fidel v. Warden, M.D. Fla. Case No. 3:26-cv-205-WWB-PDB, a pending habeas action filed by the same petitioner. Dismissal is proper when a petitioner's claims are duplicative of claims pending in an earlier filed proceeding. See I.A. Durbin, Inc. v. Jefferson Nat. Bank, 793 F.2d 1541, 1552 (11th Cir. 1986). The Clerk is DIRECTED to enter judgment dismissing this action without prejudice and close this case. Dismissal of this action does not impact the earlier filed case. Signed by Judge Sheri Polster Chappell on 5/19/2026. (NMC) (Entered: 05/19/2026)

#16

May 19, 2026

Judgment - Prisoner

May 19, 2026

Order Dismissing Case

#19

May 29, 2026

Opinion and order

#22

Jun 25, 2026

Reconsideration / Clarification

#23

Jun 29, 2026

Opinion and order

#24

Jul 01, 2026

Judgment