Middle District of Florida • 2:26-cv-02027
Alvarez v. Warden, Florida Soft Side South Detention Center (Collier)
Active
Case Information
Filed: June 15, 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)
Active
Last Activity:
June 23, 2026
Parties:
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Docket Entries
#1
Jun 15, 2026
PETITION for Writ of Habeas Corpus - Federal filed by Esbay Rodriguez Alvarez. (Attachments: # 1 Mailing Envelope)(JTM) (Entered: 06/16/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jun 15, 2026
MOTION to Proceed In Forma Pauperis by Esbay Rodriguez Alvarez. (Attachments: # 1 Mailing Envelope)(JTM) Motions referred to Magistrate Judge Kevin R. Huguelet. (Entered: 06/16/2026)
Main Document:
Proceed In Forma Pauperis
#3
Jun 16, 2026
ENDORSED ORDER granting 2 Application to Proceed in District Court Without Prepaying Fees or Costs. Signed by Magistrate Judge Kevin R. Huguelet on 6/16/2026. (BRH) (Entered: 06/16/2026)
Jun 16, 2026
Order on Motion to Proceed In Forma Pauperis
#4
Jun 17, 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 6/24/2026. Signed by Judge Sheri Polster Chappell on 6/17/2026. (TDC) (Entered: 06/17/2026)
#5
Jun 22, 2026
NOTICE of Lead Counsel Designation by Nicholas John Peter Meros on behalf of Warden, Florida Soft Side South Detention Center. Lead Counsel: Nicholas J.P. Meros. (Meros, Nicholas) (Entered: 06/22/2026)
Main Document:
Notice of Lead Counsel Designation
#6
Jun 22, 2026
MOTION to Dismiss Petition for Writ of Habeas Corpus by Warden, Florida Soft Side South Detention Center. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Meros, Nicholas) (Entered: 06/22/2026)
Main Document:
Dismiss
#7
Jun 22, 2026
NOTICE of Change of Address and Notice of Transfer by Esbay Rodriguez Alvarez (Attachments: # 1 Mailing Envelope)(SJD) (Entered: 06/22/2026)
Main Document:
Notice of change of address
#8
Jun 22, 2026
ENDORSED ORDER denying Respondent Warden of Florida Soft Side South Detention Center's Motion to Dismiss Petition for Writ of Habeas Corpus (Doc. 6). "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 6/22/2026. (SAP) (Entered: 06/22/2026)
Jun 22, 2026
Order on Motion to Dismiss
#9
Jun 23, 2026
Miscellaneous Relief
Main Document:
Miscellaneous Relief
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