Southern District of Georgia • 5:26-cv-00277
Lu v. Warden of Folkston ICE Processing Center
Completed
Case Information
Filed: February 26, 2026
Assigned to:
Lisa Godbey Wood
Referred to:
Benjamin W. Cheesbro
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (Federal)
Completed: September 25, 2026
Last Activity:
October 08, 2026
Parties:
View All Parties →
Docket Entries
#1
Feb 26, 2026
PETITION for Writ of Habeas Corpus, filed by Ky Minh Lu.(kjm) (Entered: 02/26/2026)
#2
Feb 26, 2026
NOTICE of Filing Deficiency re 1 Petition for Writ of Habeas Corpus. Deficiency Notice Compliance due by 3/12/2026. (Attachments: # 1 IFP Long Form)(kjm) (Entered: 02/26/2026)
Main Document:
NOTICE
Mar 02, 2026
Filing fee payment received, Amount $5.00, Receipt 200001882. (SLC)
#3
Mar 03, 2026
ORDER Directing USMS Service of Process of 1 Petition for Writ of Habeas Corpus and a copy of this Order by registered or certified mail upon: (1) the Attorney General of the United States; (2) the named Warden-Respondent; and (3) the civil process clerk at the office of the United States Attorney for the Southern District of Georgia. (Warden of Folkston ICE Processing Center answer due 3/12/2026.) Signed by Magistrate Judge Benjamin W. Cheesbro on 3/3/2026. (Attachments: # 1 USM 285 - Attorney General, # 2 USM 285 - Civil Process Clerk, # 3 USM 285 - Warden) (jsh) (Entered: 03/03/2026)
Main Document:
ORDER
#4
Mar 12, 2026
ANSWER/ RESPONSE to Petition for Writ of Habeas Corpus by Warden of Folkston ICE Processing Center. (Attachments: # 1 Exhibit 1)(Patrick, Bradford) (Entered: 03/12/2026)
Main Document:
ANSWER/
#5
Apr 02, 2026
MOTION to Dismiss by Warden of Folkston ICE Processing Center. Responses due by 4/16/2026. (Patrick, Bradford) (Entered: 04/02/2026)
Main Document:
MOTION
#6
Apr 02, 2026
Supplemental MOTION to Dismiss by Warden of Folkston ICE Processing Center. Responses due by 4/16/2026. (Attachments: # 1 Exhibit)(Patrick, Bradford) (Entered: 04/02/2026)
Main Document:
Supplemental
Apr 02, 2026
MOTIONS REFERRED: 5 MOTION to Dismiss. (jsh)
Apr 02, 2026
MOTIONS REFERRED: 6 Supplemental MOTION to Dismiss. (jsh)
#7
May 21, 2026
U.S. Marshal Return Executed as to Attorney General on 03/30/2026; USMS Service Remark: Certificate of Service as to Attorney General signed by Evie Sassale on 04/13/2026; U.S. Marshal Return Executed as to Civil Process Clerk; U.S. Marshal Return Executed as to Warden of Folkston ICE Processing Center. (jlh) (Entered: 05/21/2026)
Main Document:
U.S.
#8
Jun 05, 2026
ORDER directing Petitioner TO SHOW CAUSE why the Court should not grant Respondent's 5, 6 Motion to Dismiss as unopposed and dismiss this cause of action based on Petitioner's failure to follow this Court's Orders and Local Rules. Show Cause Response due by 6/15/2026. Signed by Magistrate Judge Benjamin W. Cheesbro on 6/5/2026. (gmc) (Entered: 06/05/2026)
Main Document:
ORDER
#9
Jun 17, 2026
Mail Returned as Undeliverable/RTS/No longer here 6-9. Mail 8 Order sent to Ky Minh Lu on 6/5/2026. (SLC) (Entered: 06/17/2026)
Main Document:
Mail
#10
Sep 03, 2026
REPORT AND RECOMMENDATIONS that 5 MOTION to Dismiss and 6 Supplemental MOTION to Dismiss filed by Warden of Folkston ICE Processing Center be granted as unopposed, and that 1 Petition for Writ of Habeas Corpus filed by Ky Minh Lu be dismissed without prejudice. It is further recommended that Petitioner be denied ifp on appeal and the Clerk be directed to close this case. Objections to R&R due by 9/17/2026. Signed by Magistrate Judge Benjamin W. Cheesbro on 9/3/2026. (pts) (Entered: 09/03/2026)
Main Document:
REPORT AND RECOMMENDATIONS that 5 MOTION to Dismiss and 6 Supplemental MOTION to Dismiss filed by Warden of Folkston ICE Processing Center be granted as unopposed, and that 1 Petition for Writ of Habeas Corpus filed by Ky Minh Lu be dismissed without prejudice. It is further recommended that Petitioner be denied ifp on appeal and the Clerk be directed to close this case. Objections to R&R due by 9/17/2026. Signed by Magistrate Judge Benjamin W. Cheesbro on 9/3/2026. (pts)
#11
Sep 23, 2026
ORDER ADOPTING 10 Report and Recommendations, and granting as unopposed 5 Motion to Dismiss and 6 Motion to Dismiss filed by Warden of Folkston ICE Processing Center. The petition is dismissed without prejudice and Petitioner is denied ifp status on appeal. The Clerk is directed to enter judgment and close this case. Signed by Judge Lisa G. Wood on 9/23/2026. (pts) (Entered: 09/23/2026)
Main Document:
ORDER ADOPTING 10 Report and Recommendations, and granting as unopposed 5 Motion to Dismiss and 6 Motion to Dismiss filed by Warden of Folkston ICE Processing Center. The petition is dismissed without prejudice and Petitioner is denied ifp status on appeal. The Clerk is directed to enter judgment and close this case. Signed by Judge Lisa G. Wood on 9/23/2026. (pts)
#12
Sep 25, 2026
Mail Returned as Undeliverable/Not Deliverable as Addressed. Mail 10 R&R sent to Ky Minh Lu on 09/03/2026. (vbo) (Entered: 09/25/2026)
Main Document:
Mail
#13
Sep 25, 2026
JUDGMENT. Signed by Judge Lisa G. Wood on 09/25/2026. (jlh) (Entered: 09/25/2026)
Main Document:
JUDGMENT.
#14
Oct 07, 2026
Mail Returned as Detainee Not Here/Return to Sender/Not Deliverable as Addressed/Unable to Forward. Mail re 13 Judgment sent to Ky Minh Lu on 09/25/2026. (jlh) (Entered: 10/07/2026)
Main Document:
Mail
#15
Oct 08, 2026
Mail Returned as Undeliverable, Detainee not here. Mail sent to Ky Minh Lu on 9/23/2026 re 11 Order. (jsh) (Entered: 10/08/2026)
Main Document:
Mail
Parties
Lu
Party
Warden of Folkston ICE Processing Center
Party