Middle District of Florida • 2:26-cv-01677

#1

May 18, 2026

PETITION for Writ of Habeas Corpus - Federal (Filing fee $ 5.00, receipt number 17654) filed by Augusto Laza Cuesta. (Attachments: # 1 Mailing Envelope)(JTM) (Entered: 05/20/2026)

#2

May 21, 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 5/28/2026. Signed by Judge Sheri Polster Chappell on 5/21/2026. (TDC) (Entered: 05/21/2026)

#3

May 27, 2026

Notice of a Related Action

#4

May 27, 2026

Notice of appearance

#5

May 28, 2026

ENDORSED ORDER. Before the Court is Petitioner Augusto Laza Cuesta's second Petition for Writ of Habeas Corpus (Doc. 1). United States District Judge Kyle C. Dudek denied Laza Cuesta's first petition in M.D. Fla. Case No. 2:26-cv-675-KCD-DNF and is thus familiar with the factual and procedural background of this case. Per Middle District of Florida Local Rule 1.07(a)(2)(A), this related, later-filed action is transferred to the Honorable Kyle C. Dudek, with his consent, for all further purposes. The Clerk of Court is DIRECTED to REASSIGN this case to United States District Judge Kyle C. Dudek. Signed by Judge Sheri Polster Chappell on 5/28/2026. (NMC) (Entered: 05/28/2026)

#6

May 28, 2026

Response to habeas petition

#7

May 28, 2026

Dismiss

May 28, 2026

Order Reassigning Case to Another Judge w/in Division

#8

May 29, 2026

ENDORSED ORDER denying Respondent Warden of Florida Soft Side Detention Facility'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 5/29/2026. (SAP) (Entered: 05/29/2026)

May 29, 2026

Order on Motion to Dismiss

#9

Jun 01, 2026

Reply to response to petition

#10

Jun 01, 2026

Supplement

#11

Jun 01, 2026

Miscellaneous Relief

#12

Jun 02, 2026

Case Reassigned to District Judge Kyle C. Dudek. New case number: 2:26-cv-1677-KCD-NPM. Judge Sheri Polster Chappell no longer assigned to the case. (LF) (Entered: 06/02/2026)

Jun 02, 2026

Case Assigned/Reassigned

#13

Jun 03, 2026

Response to motion

#14

Jun 09, 2026

Proof of Service

#15

Jun 10, 2026

Notice of change of address

#16

Jun 12, 2026

Notice of change of address

#17

Jun 16, 2026

Supplement

#18

Jun 16, 2026

Memorandum in support

#19

Jun 18, 2026

Memorandum in support

#20

Jun 23, 2026

Notice (Other)

#21

Jul 02, 2026

Copies