Middle District of Florida • 2:26-cv-01461
Sarmiento Serrano v. Mullin (Collier)
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 15, 2026
Last Activity:
June 11, 2026
Parties:
View All Parties →
Docket Entries
#1
May 01, 2026
PETITION for Writ of Habeas Corpus - Federal (Filing fee $ 5 receipt number AFLMDC-24882529) filed by Daniel Sarmiento Serrano.(Edwards, Scott) (Entered: 05/01/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
May 01, 2026
NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Nicholas P. Mizell. New case number: 2:26-cv-1461-SPC-NPM. (LMF) (Entered: 05/01/2026)
May 01, 2026
Case Assigned/Reassigned
#3
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
#4
May 08, 2026
NOTICE of Filing Supplemental Authority
Main Document:
NOTICE of Filing Supplemental Authority
#5
May 08, 2026
Response to habeas petition
Main Document:
Response to habeas petition
#6
May 11, 2026
Notice of appearance
Main Document:
Notice of appearance
#7
May 11, 2026
Dismiss
Main Document:
Dismiss
#8
May 11, 2026
ENDORSED ORDER denying Respondent Warden of Florida Soft Side South's Motion to Dismiss Petition for Writ of Habeas Corpus (Doc. 7). "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
#10
May 15, 2026
Judgment
Main Document:
Judgment
#11
May 26, 2026
Proof of Service
Main Document:
Proof of Service
#12
Jun 11, 2026
Enforce Judgment AND Miscellaneous Relief
Main Document:
Enforce Judgment AND Miscellaneous Relief
Parties
Mullin (Collier)
Party
Sarmiento Serrano
Party