Middle District of Florida • 2:26-cv-01712
Mena v. Florida Soft Side South (Collier County)
Active
Case Information
Filed: May 20, 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)
Active
Last Activity:
June 09, 2026
Parties:
View All Parties →
Docket Entries
#1
May 15, 2026
Emergency Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241. Filing fee $ 5.00 (not paid/ IFP Motion not filed), filed by Yuliesky Colina Mena. (Attachments: # 1 Exhibit)Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (kma) [Transferred from flsd on 5/20/2026.] (Entered: 05/18/2026)
Main Document:
Emergency Petition
#2
May 15, 2026
Judge Assignment to Judge Donald M. Middlebrooks (kma) [Transferred from flsd on 5/20/2026.] (Entered: 05/18/2026)
#3
May 19, 2026
MOTION to Dismiss for Lack of Jurisdiction 1 Application/Petition (Complaint) for Writ of Habeas Corpus,, MOTION to Change Venue by Florida Soft Side South. Attorney Danielle Nicole Croke added to party Florida Soft Side South(pty:dft). Responses due by 6/2/2026. (Croke, Danielle) [Transferred from flsd on 5/20/2026.] (Entered: 05/19/2026)
Main Document:
Change Venue / Transfer Case AND Dismiss / Lack of Jurisdiction
#4
May 20, 2026
ORDER TRANSFERRING CASE. ORDERED that this matter be TRANSFERRED to the United States District Court for the Middle District of Florida. Signed by Judge Donald M. Middlebrooks on 5/20/2026. See attached document for full details. (blc) [Transferred from flsd on 5/20/2026.] (Entered: 05/20/2026)
Main Document:
Order Dismissing Case
#5
May 20, 2026
Case transferred in from District of Florida Southern; Case Number 1:26-cv-23465. File received electronically (Entered: 05/20/2026)
Main Document:
Case Transferred In - District Transfer
#6
May 20, 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-1712-SPC-NPM. (JNB) (Entered: 05/20/2026)
#7
May 20, 2026
NOTICE TO COUNSEL Danielle Croke 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). (JNB) (Entered: 05/20/2026)
May 20, 2026
Notice to Counsel of Local Rule
May 20, 2026
District Transfer In
#8
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)
Main Document:
Order to Respond to Habeas Petition
#9
May 26, 2026
TEXT ORDER. This action came to us from the SDFL with no filing fee paid and no application to proceed without paying it. By June 9, 2026, Petitioner must either pay the filing fee or file a proper application to proceed without paying it. Signed by Magistrate Judge Nicholas P. Mizell on 5/26/2026. (RCD) (Entered: 05/26/2026)
May 26, 2026
Order
#10
May 27, 2026
Notice of appearance
Main Document:
Notice of appearance
#11
May 28, 2026
Dismiss
Main Document:
Dismiss
#12
May 28, 2026
Response to habeas petition
Main Document:
Response to habeas petition
#13
May 28, 2026
ENDORSED ORDER denying Respondent Warden of Soft Side South's Motion to Dismiss Petition for Writ of Habeas Corpus (Doc. 11). "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 5/28/2026. (SAP) (Entered: 05/28/2026)
May 28, 2026
Order on Motion to Dismiss
#15
Jun 01, 2026
Judgment - Prisoner
Main Document:
Judgment - Prisoner
#17
Jun 09, 2026
Proof of Service
Main Document:
Proof of Service
Parties
Florida Soft Side South (Collier County)
Party
Mena
Party