Middle District of Florida • 2:26-cv-00002
Franco Rodriguez v. Walker
Terminated
Case Information
Filed: January 02, 2026
Assigned to:
Kyle C. Dudek
Referred to:
Douglas N. Frazier
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (Federal)
Terminated: January 27, 2026
Last Activity:
February 05, 2026
Parties:
View All Parties →
Docket Entries
#1
Jan 02, 2026
PETITION for Writ of Habeas Corpus - Federal (Filing fee $ 5 receipt number AFLMDC-24283818) filed by All Plaintiffs. (Attachments: # 1 Exhibit Exh. A. Form I-485B, # 2 Exhibit Exh. B. Memorandum of LPR Status, # 3 Exhibit Exh. C. INS Central System Results, # 4 Exhibit Exh. D. Order of Removal, # 5 Exhibit Exh. E. Order of Supervision, # 6 Civil Cover Sheet JS-44 Civil Cover Sheet)(Montanez, Felix) (Entered: 01/02/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jan 02, 2026
NEW CASE ASSIGNED to District Judge Kyle C. Dudek and Magistrate Judge Douglas N. Frazier. New case number: 2:26-cv-2-KCD-DNF. (LAW) (Entered: 01/02/2026)
Jan 02, 2026
Case Assigned/Reassigned
#3
Jan 05, 2026
NOTICE of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (CTR) (Entered: 01/05/2026)
#4
Jan 05, 2026
Order to show cause
Main Document:
Order to show cause
Jan 05, 2026
Notice to Counsel of Local Rule
#5
Jan 08, 2026
Stay
Main Document:
Stay
#7
Jan 15, 2026
Compliance notice
Main Document:
Compliance notice
#8
Jan 22, 2026
Proof of Service
Main Document:
Proof of Service
#9
Jan 26, 2026
Response to habeas petition
Main Document:
Response to habeas petition
#11
Jan 31, 2026
Set Aside Judgment
Main Document:
Set Aside Judgment
#12
Feb 01, 2026
ENDORSED ORDER. The Court dismissed this case on the Government's representation that Petitioner had been removed from the country, leaving his habeas petition moot. Petitioner's counsel now claims, through a Rule 60 motion, that Petitioner has not been removed. The Government is directed to respond to the Rule 60 motion on or before February 4, 2026. By that same date, Petitioner's counsel is directed to supplement the motion with any additional evidence supporting the contention that Petitioner remains in the country. The Court is concerned that counsel is relying entirely on the inmate locator, which could be lagging or not reflective of the actual facts. Signed by District Judge Kyle C. Dudek on 2/1/2026. (Dudek, Kyle) (Entered: 02/01/2026)
Feb 01, 2026
Order
#13
Feb 04, 2026
Compliance notice
Main Document:
Compliance notice
#14
Feb 04, 2026
Response to motion
Main Document:
Response to motion
#15
Feb 05, 2026
ENDORSED ORDER granting 11 Motion to Set Aside Judgment under Fed. R. Civ. 60(b). The Court dismissed this habeas action as moot on the representation that Petitioner was deported. That fact turned out to be untrue. Accordingly, the Court vacates its prior dismissal and reinstates this Case. The Clerk is directed to reopen the file. The Court will address the underlying habeas petition on the merits. Signed by District Judge Kyle C. Dudek on 2/5/2026. (Dudek, Kyle) (Entered: 02/05/2026)
Feb 05, 2026
Order on Motion to Set Aside Judgment
Parties
Party
Party
Party
Party
Attorney
Attorney