Middle District of Florida • 2:26-cv-01428

Pascual v. Mullin (Collier)

Completed

Case Information

Filed: April 29, 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 15, 2026
Last Activity: May 15, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 29, 2026
PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number AFLMDC-24870366) filed by Pascual Pascual. (Attachments: # 1 Civil Cover Sheet)(Magilligan, David) (Main Document 1 replaced to correct turned pages on 4/30/2026) (LMF). Modified text on 4/30/2026 (LMF). (Entered: 04/29/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 30, 2026
NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Douglas N. Frazier. New case number: 2:26-cv-1428-SPC-DNF. (LMF) (Entered: 04/30/2026)
Apr 30, 2026
Case Assigned/Reassigned
#3
May 01, 2026
Order to Respond to Habeas Petition
Main Document: Order to Respond to Habeas Petition
#4
May 06, 2026
Notice of appearance
Main Document: Notice of appearance
#5
May 07, 2026
Dismiss
Main Document: Dismiss
#6
May 08, 2026
Response to habeas petition
Main Document: Response to habeas petition
#7
May 11, 2026
ENDORSED ORDER denying Respondent Warden of Florida Soft Sided Facility'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 5/11/2026. (SAP) (Entered: 05/11/2026)
May 11, 2026
Order on Motion to Dismiss
#8
May 15, 2026
Opinion and order
Main Document: Opinion and order
#9
May 15, 2026
Proof of Service
Main Document: Proof of Service
#10
May 15, 2026
Judgment - Prisoner
Main Document: Judgment - Prisoner

Parties

Mullin (Collier)
Party
Pascual
Party