Middle District of Florida • 2:26-cv-01454

Monge Luna v. Warden, Florida Soft Side Facility South (Collier County)

Completed

Case Information

Filed: May 01, 2026
Assigned to: Sheri Polster Chappell
Referred to: Nicolas P. Mizell
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (Federal)
Completed: May 19, 2026
Last Activity: May 26, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 27, 2026
APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241. Filing fee $5.00, Paid, filed by Ricardo Manuel Monge Luna. (Attachments: # 1 Civil Cover Sheet) Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (jas) [Transferred from flsd on 5/1/2026.] (Entered: 04/27/2026)
Main Document: APPLICATION/PETITION
#2
Apr 27, 2026
Clerks Notice of Judge Assignment to Judge William P. Dimitrouleas. (jas) [Transferred from flsd on 5/1/2026.] (Entered: 04/27/2026)
#3
Apr 27, 2026
NOTICE OF CONVENTIONAL FILING by Ricardo Manuel Monge Luna. (jas) [Transferred from flsd on 5/1/2026.] (Entered: 04/27/2026)
Main Document: NOTICE
#4
Apr 28, 2026
MOTION to Change Venue, MOTION to Dismiss for Lack of Jurisdiction 1 Application/Petition (Complaint) for Writ of Habeas Corpus, by Director, ICE Miami Field Office, Warden, Florida Soft Side Facility South. Attorney Brittany B. Brock added to party Director, ICE Miami Field Office(pty:res), Attorney Brittany B. Brock added to party Warden, Florida Soft Side Facility South(pty:res). Responses due by 5/12/2026. (Attachments: # 1 Exhibit List of Exhibits, # 2 Exhibit A - Detention History, # 3 Exhibit B - Detention Centers)(Brock, Brittany) [Transferred from flsd on 5/1/2026.] (Entered: 04/28/2026)
Main Document: MOTION
#5
Apr 29, 2026
Clerks Notice of Receipt of Filing Fee received on 4/27/2026 in the amount of $ 5.00, receipt number FLS316915. (vt) [Transferred from flsd on 5/1/2026.] (Entered: 04/29/2026)
Main Document: Clerks
#6
May 01, 2026
ORDER TRANSFERRING CASE TO MIDDLE DISTRICT OF FLORIDA. The Clerk is directed to CLOSE this case. Signed by Judge William P. Dimitrouleas on 5/1/2026. See attached document for full details. (cwc) [Transferred from flsd on 5/1/2026.] (Entered: 05/01/2026)
Main Document: Order Dismissing Case
#7
May 01, 2026
Case transferred in from District of Florida Southern; Case Number 1:26-cv-22953. File received electronically (Entered: 05/01/2026)
Main Document: Case Transferred In - District Transfer
#8
May 01, 2026
Case TRANSFERRED from the Southern District of Florida. Case assigned to District Judge Chappell and Magistrate Judge Mizell. New Case Number: 2:26-cv-1454-SPC-NPM. (LMW) (Entered: 05/01/2026)
#9
May 01, 2026
NOTICE TO COUNSEL Brittany B. Brock of Local Rule 2.01(b)(1)(G), which requires members of the Middle District bar to register with the Middle District CM/ECF system by submitting an e-file registration 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). (LMW) (Entered: 05/01/2026)
#10
May 01, 2026
NOTICE TO COUNSEL Brittany B. Brock 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). (LMW) (Entered: 05/01/2026)
May 01, 2026
Notice to Counsel of Local Rule
May 01, 2026
District Transfer In
#11
May 04, 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 5/11/2026. Signed by Judge Sheri Polster Chappell on 5/4/2026. (TDC) (Entered: 05/04/2026)
Main Document: Order to Respond to Habeas Petition
#12
May 05, 2026
Notice of appearance
Main Document: Notice of appearance
#13
May 09, 2026
Notice of appearance
Main Document: Notice of appearance
#14
May 09, 2026
Notice of appearance
Main Document: Notice of appearance
#15
May 11, 2026
Response to habeas petition
Main Document: Response to habeas petition
#16
May 11, 2026
Dismiss
Main Document: Dismiss
#17
May 12, 2026
ENDORSED ORDER denying Respondent Warden of Florida Soft Side Facility South's Motion to Dismiss Petition for Writ of Habeas Corpus (Doc. 16). "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 5/12/2026. (SAP) (Entered: 05/12/2026)
May 12, 2026
Order on Motion to Dismiss
#18
May 15, 2026
Opinion and order
Main Document: Opinion and order
#20
May 19, 2026
Judgment - Prisoner
Main Document: Judgment - Prisoner
#22
May 26, 2026
Proof of Service
Main Document: Proof of Service

Parties

Monge Luna
Party
Warden, Florida Soft Side Facility South
Party