Middle District of Florida • 2:26-cv-01764

#1

May 26, 2026

PETITION for Writ of Habeas Corpus - Federal filed by Miguel Cardenas-Hernandez. "No IFP" (Attachments: # 1 Mailing Envelope)(JTM) (Entered: 05/28/2026)

#2

May 29, 2026

ENDORSED ORDER of recusal. Upon review of the docket, Judge Huguelet finds that he must recuse himself so as to avoid even the appearance of partiality or impropriety. Specifically, he had personal knowledge of, or participation in, this matter while employed by the US Attorney's Office. 28 U.S.C. § 455(b)(1), (3). Judge Huguelet hereby disqualifies himself from these proceedings under § 455 and in the interest of justice. The case shall be transferred to the next assigned Magistrate Judge in the Fort Myers Division. Signed by Magistrate Judge Kevin R. Huguelet on 5/29/2026. (Huguelet, Kevin) (Entered: 05/29/2026)

#3

May 29, 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 6/5/2026. Signed by Judge Sheri Polster Chappell on 5/29/2026. (TDC) (Entered: 05/29/2026)

May 29, 2026

Order of Recusal

#4

Jun 02, 2026

Case Reassigned to Magistrate Judge Nicholas P. Mizell. New case number: 2:26-cv-1764-SPC-NPM. Magistrate Judge Kevin R. Huguelet no longer assigned to the case. (LF) (Entered: 06/02/2026)

Jun 02, 2026

Case Assigned/Reassigned

#5

Jun 03, 2026

TEXT ORDER. Petitioner filed a petition for writ of habeas corpus on May 26, 2026, but did not pay the $5 filing fee or file an application to proceed without prepaying fees or costs (Doc. 1). See 28 U.S.C. §§ 1915(a). By June 17, 2026, Petitioner must either pay the filing fee, apply to proceed in forma pauperis, or show cause why this case should not be dismissed for failing to comply with 28 U.S.C. § 1914(a). Failure to do so may result in dismissal of this action without further notice. Signed by Magistrate Judge Nicholas P. Mizell on 6/3/2026. (RCD) (Entered: 06/03/2026)

#6

Jun 03, 2026

Notice of appearance

Jun 03, 2026

Order

#7

Jun 04, 2026

Dismiss

#8

Jun 04, 2026

Response to habeas petition

#9

Jun 05, 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 6/5/2026. (SAP) (Entered: 06/05/2026)

Jun 05, 2026

Order on Motion to Dismiss

Jun 10, 2026

Order Reassigning Case to Another Judge w/in Division

Jun 11, 2026

Case Assigned/Reassigned

#12

Jun 15, 2026

Order

Jun 15, 2026

Fees Paid