Middle District of Florida • 3:26-cv-00980

Avilan v. Warden of Flagler County Jail

Active

Case Information

Filed: April 16, 2026
Assigned to: Wendy Williams Berger
Referred to: Samuel J. Horovitz
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (Federal)
Active
Last Activity: July 06, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 16, 2026
PETITION for Writ of Habeas Corpus - Federal (Filing fee $ 5 receipt number AFLMDC-24796937) filed by Damaris Avilan. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit BIA precedent decision)(Sheldon, Robert) (Entered: 04/16/2026)
Main Document: PETITION
#2
Apr 16, 2026
NOTICE of Lead Counsel Designation by Robert Sheldon on behalf of Damaris Avilan. Lead Counsel: Robert Sheldon. (Sheldon, Robert) (Entered: 04/16/2026)
Main Document: NOTICE
#3
Apr 17, 2026
NEW CASE ASSIGNED to District Judge Kyle C. Dudek and Magistrate Judge Douglas N. Frazier. New case number: 2:26-cv-1219-KCD-DNF. (ARL) (Entered: 04/17/2026)
#4
Apr 17, 2026
NOTICE TO COUNSEL Robert Sheldon of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. The attorney listed shall file a notice of compliance within fourteen days. Failure to comply with this notice within fourteen days will result in counsel being terminated from the docket sheet without further notice. (Signed by Deputy Clerk). (ELA) (Entered: 04/17/2026)
#5
Apr 20, 2026
ORDER transferring case to Jacksonville Division. Petitioner is confined at the Flagler County Jail, which is located in the Jacksonville Division. After transfer, the Clerk is directed to CLOSE this case. Signed by District Judge Kyle C. Dudek on 4/20/2026. (CGW) (Entered: 04/20/2026)
Main Document: ORDER
#6
Apr 20, 2026
Case TRANSFERRED from the Fort Myers. Case assigned to District Judge Berger and Magistrate Judge Horovitz. New Case Number: 3:26-cv-980-WWB-SJH. (JTM) (Entered: 04/23/2026)
Apr 23, 2026
District Transfer In
#7
Apr 24, 2026
NOTICE TO COUNSEL AND PARTIES: The Middle District of Florida's revised Local Rules become effective November 1, 2025, and can be found on the Court's public website https://www.flmd.uscourts.gov/local-rules. Additionally, the undersigned has issued Standing Orders, available at https://www.flmd.uscourts.gov/judges/wendy-berger, that apply to all proceedings before the undersigned. For a just and efficient resolution of this case, the parties are DIRECTED to read and comply with the Middle District of Florida's Local Rules and this Court's Standing Orders. See Local Rule 1.01(a). Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions including, but not limited to, the dismissal of this action or entry of default without further notice. Signed by Judge Wendy W. Berger on 4/24/2026. (CKS) (Entered: 04/24/2026)
Apr 24, 2026
Order
#8
Apr 30, 2026
ENDORSED ORDER directing Petitioner to supplement the 1 Petition with a proper verification under 28 U.S.C. § 2242 by May 5, 2026. Signed by Magistrate Judge Samuel J. Horovitz on 4/30/2026. (JND) (Entered: 04/30/2026)
Apr 30, 2026
Order
#9
May 05, 2026
Notice (Other)
Main Document: Notice (Other)
#10
May 05, 2026
Proposed summons
Main Document: Proposed summons
#11
May 05, 2026
Proposed summons
Main Document: Proposed summons
#12
May 07, 2026
Order to Respond to Habeas Petition
Main Document: Order to Respond to Habeas Petition
#13
May 14, 2026
Response to habeas petition
Main Document: Response to habeas petition
#14
Jun 02, 2026
Proof of Service
Main Document: Proof of Service
#15
Jun 18, 2026
Dismiss
Main Document: Dismiss
#16
Jul 02, 2026
Order on Motion to Dismiss
Main Document: Order on Motion to Dismiss
#17
Jul 06, 2026
Judgment - Prisoner
Main Document: Judgment - Prisoner

Parties

Avilan
Party
Warden of Flagler County Jail
Party