Southern District of Florida • 1:25-cv-22259
Mbutha, Elvis v. Miami Field Office Director
Terminated
Case Information
Filed: May 16, 2025
Assigned to:
Rodolfo Armando Ruiz II
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (Federal)
Terminated: May 23, 2025
Last Activity:
July 09, 2025
Parties:
View All Parties →
Docket Entries
#1
May 16, 2025
Application/Petition (Complaint) for Writ of Habeas Corpus
#2
May 16, 2025
Judge Assignment to Judge David S. Leibowitz (kma) (Entered: 05/16/2025)
#3
May 16, 2025
CORRECTED Judge Assignment to Judge Rodolfo A. Ruiz, II (kma) (Entered: 05/16/2025)
#4
May 16, 2025
Proceed In Forma Pauperis
Main Document:
Proceed In Forma Pauperis
May 16, 2025
Judge Assignment
#5
May 23, 2025
Order on Motion for Leave to Proceed In Forma Pauperis
Main Document:
Order on Motion for Leave to Proceed In Forma Pauperis
#6
May 23, 2025
CLERK'S NOTICE of Compliance re 5 Order to Amend: copy of ECF No. 5 along with the Court's approved form for § 2241 and Application to Proceed in District Court Without Prepaying Fees or Costs (form) mailed to the Petitioner at Krome Service Processing Center. (kma) (Entered: 05/23/2025)
May 23, 2025
~Util - Terminate Civil Case
May 23, 2025
Notice of Compliance
May 23, 2025
Civil Case Terminated per DE 5 . Closing Case. (ksr)
#7
Jun 17, 2025
Amended Complaint/Amended Notice of Removal
#8
Jun 17, 2025
Clerk's Notice of Filing Deficiency
Main Document:
Clerk's Notice of Filing Deficiency
#9
Jul 01, 2025
ORDER DISMISSING AMENDED PETITION AND CLOSING CASE (Without Prejudice) Signed by Judge Rodolfo A. Ruiz, II on 6/30/2025. See attached document for full details. (ksr) (Entered: 07/01/2025)
Main Document:
Order Dismissing/Closing Case or Party
#10
Jul 08, 2025
STRICKEN AMENDED PETITION FOR WRIT OF HABEAS CORPUS against Department of Homeland Security, Miami Field Office Director, U.S. Attorney General, filed by Elvis Muli Mbutha.(ksr) ModifiedPer DE 11 on 7/9/2025 (cqs). (Entered: 07/08/2025)
Main Document:
Amended Complaint/Amended Notice of Removal
#11
Jul 09, 2025
PAPERLESS ORDER striking Petitioner's 10 Second Amended Petition for Writ of Habeas Corpus Under 28 U.S.C. section 2241 ("SAP"). Following Petitioner's submission of an amended application on June 10, 2025, [ECF No. 7], the Court dismissed this case under Federal Rule of Civil Procedure 41(b), noting, in relevant part, that Petitioner "improperly reasserted claims challenging the conditions of his confinement while seeking habeas relief" and "failed to cure the filing fee issue." Order Dismissing Am. Pet., [ECF No. 9] at 2. This case is already closed, and Petitioner's deadline to properly amend his application - June 18, 2025 - has long passed. In any event, the Court declines to consider the instant 10 SAP, considering Petitioner's insistence in challenging the conditions of his confinement and his failure to pay the Court's filing fee or file a legally sufficient motion to proceed in forma pauperis. See, e.g., SAP, [ECF No. 10], at 6 ("Petitioner claims that his continued detention violates his Fifth Amendment [due process] rights[,] and he seeks release from custody due to the health crisis posed by COVID-19 that he contracted while in the Respondent's custody." (cleaned up)); see generally Docket. Signed by Judge Rodolfo A. Ruiz, II on 7/9/2025. (gan) (Entered: 07/09/2025)
Jul 09, 2025
- Order (PAPERLESS or pdf attached)
Parties
Mbutha, Elvis
Party
Miami Field Office Director
Party