Middle District of Florida • 2:26-cv-01855

Lugo Ortiz v. Warden, Florida Soft-Sided Facility (Collier County)

Completed

Case Information

Filed: June 03, 2026
Assigned to: Sheri Polster Chappell
Referred to: Kevin R. Huguelet
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (Federal)
Completed: June 22, 2026
Last Activity: June 22, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 02, 2026
APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241. Filing fee $ 5.00, filed by Lugo Ortiz. (Attachments: # 1 Routing Slip for payment of Fee)Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (caw) [Transferred from flsd on 6/3/2026.] (Entered: 06/02/2026)
Main Document: Petition for Writ of Habeas Corpus
Attachment 1: Routing Slip for payment of Fee
#2
Jun 02, 2026
Clerks Notice of Judge Assignment to Judge Jacqueline Becerra. (caw) [Transferred from flsd on 6/3/2026.] (Entered: 06/02/2026)
#3
Jun 02, 2026
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Eugenio E. Ibarra. Filing Fee $ 250.00 by Lugo Ortiz. Responses due by 6/16/2026. (Attachments: # 1 Routing Slip for payment of Fee)(caw) [Transferred from flsd on 6/3/2026.] (Entered: 06/02/2026)
Main Document: Appear Pro Hac Vice
#4
Jun 02, 2026
Clerk's Notice of Filing Deficiency Re: 1 Application/Petition (Complaint) for Writ of Habeas Corpus, filed by Lugo Ortiz. Document(s) were filed conventionally that should have been filed electronically (CM/ECF Administrative Procedures). (caw) [Transferred from flsd on 6/3/2026.] (Entered: 06/02/2026)
#5
Jun 02, 2026
Clerk's Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (caw) [Transferred from flsd on 6/3/2026.] (Entered: 06/02/2026)
#6
Jun 02, 2026
ORDER TRANSFERING VENUE. Closing Case. Motions terminated: 3 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Eugenio E. Ibarra. Filing Fee $ 250.00 filed by Lugo Ortiz. Signed by Judge Jacqueline Becerra on 6/2/2026. See attached document for full details. (drz) [Transferred from flsd on 6/3/2026.] (Entered: 06/02/2026)
Main Document: Order Dismissing Case
Jun 02, 2026
Order
Jun 02, 2026
Notice (Other)
Jun 02, 2026
Standing Order
#7
Jun 03, 2026
Case transferred in from District of Florida Southern; Case Number 1:26-cv-23874. File received electronically (Entered: 06/03/2026)
Main Document: Case Transferred In - District Transfer
#8
Jun 03, 2026
Case TRANSFERRED from the Southern District of Florida. Case assigned to District Judge Chappell and Magistrate Judge Huguelet. New Case Number: 2:26-cv-1855-SPC-KRH. (JNB) (Entered: 06/03/2026)
Jun 03, 2026
District Transfer In
#9
Jun 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 6/11/2026. Signed by Judge Sheri Polster Chappell on 6/4/2026. (TDC) (Entered: 06/04/2026)
Main Document: Order to Respond to Habeas Petition
#10
Jun 11, 2026
Response to habeas petition
Main Document: Response to habeas petition
#11
Jun 11, 2026
Notice of Lead Counsel Designation
Main Document: Notice of Lead Counsel Designation
#12
Jun 11, 2026
Dismiss
Main Document: Dismiss
#13
Jun 15, 2026
ENDORSED ORDER denying Respondent Warden of Florida Soft-Sided Facility's Motion to Dismiss Petition for Writ of Habeas Corpus (Doc. 12). "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 6/15/2026. (SAP) (Entered: 06/15/2026)
Jun 15, 2026
Order on Motion to Dismiss
#14
Jun 18, 2026
Opinion and order
Main Document: Opinion and order
#15
Jun 22, 2026
Judgment
Main Document: Judgment

Parties

Ortiz
Party
Warden, Florida Soft-Sided Facility (Collier County)
Party