Middle District of Florida • 2:26-cv-01915
Elias Chavez v. Warden, Florida Soft Side South Detention Center (Collier)
Active
Case Information
Filed: June 08, 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 17, 2026
Parties:
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Docket Entries
#1
Jun 08, 2026
PETITION for Writ of Habeas Corpus - Federal filed by Jose A. Elias Chavez. (Attachments: # 1 Mailing Envelope)(LAW) (Entered: 06/09/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jun 08, 2026
MOTION to Proceed In Forma Pauperis / Affidavit of Indigency by Jose A. Elias Chavez. (Attachments: # 1 Mailing Envelope)(LAW) Motions referred to Magistrate Judge Nicholas P. Mizell. (Entered: 06/09/2026)
Main Document:
Proceed In Forma Pauperis
#3
Jun 10, 2026
ENDORSED ORDER granting 2 Petitioner's application to proceed without prepaying fees or costs. The court has reviewed the application submitted by Petitioner under 28 U.S.C. § 1915 and finds Petitioner qualifies to proceed in forma pauperis. Petitioner may proceed without paying the filing fee. Signed by Magistrate Judge Nicholas P. Mizell on 6/10/2026. (TLP) (Entered: 06/10/2026)
#4
Jun 10, 2026
Order to Respond to Habeas Petition
Main Document:
Order to Respond to Habeas Petition
Jun 10, 2026
Order on Motion to Proceed In Forma Pauperis
#5
Jun 16, 2026
Notice of appearance
Main Document:
Notice of appearance
#6
Jun 16, 2026
Notice of appearance
Main Document:
Notice of appearance
#7
Jun 16, 2026
Dismiss
Main Document:
Dismiss
#8
Jun 16, 2026
Notice of a Related Action
Main Document:
Notice of a Related Action
#9
Jun 16, 2026
Response to habeas petition
Main Document:
Response to habeas petition
#10
Jun 17, 2026
ENDORSED ORDER denying Respondent Warden of Florida Soft Side South Detention Center'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 6/17/2026. (SAP) (Entered: 06/17/2026)
Jun 17, 2026
Order on Motion to Dismiss
Jun 17, 2026
Order Reassigning Case to Another Judge w/in Division
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