Middle District of Florida • 2:26-cv-01945

#1

Jun 10, 2026

PETITION for Writ of Habeas Corpus - Federal (Filing fee $ 5, receipt number 17760) filed by Gerfran Antonio Marquez Simonaro. (Attachments: # 1 Identification Documents, # 2 Employment Documents, # 3 Letters of Support)(SJD) (Entered: 06/12/2026)

#2

Jun 15, 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 14 days to reply to the response to petition. Response to petition due by 6/29/2026. Signed by Judge John E. Steele on 6/15/2026. (TDC) (Entered: 06/15/2026)

#3

Jun 29, 2026

Notice of a Related Action

#4

Jun 29, 2026

Response to habeas petition

#5

Jun 29, 2026

Notice of appearance

#6

Jun 29, 2026

Dismiss

#8

Jun 30, 2026

Order Reassigning Case to Another Judge w/in Division

#9

Jul 01, 2026

Case Reassigned to Judge Sheri Polster Chappell. New case number: 2:26-cv-1945-SPC-NPM. Judge John E. Steele no longer assigned to the case. (LF) (Entered: 07/01/2026)

Jul 01, 2026

Case Assigned/Reassigned

#10

Jul 02, 2026

ENDORSED ORDER denying Respondent Warden of South Florida Detention Facility'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 7/2/2026. (SAP) (Entered: 07/02/2026)

#11

Jul 02, 2026

ENDORSED ORDER. Immigration detainee Gerfran Antonio Marquez Simonaro filed two habeas petitions dated 6/6/2026--one as the operative pleading in Marquez Simonaro v. Soft-Sided Facility South, M.D. Fla. Case No. 2:26-cv-1946-SPC-KRH and one as Doc. 1 in this case. The Court granted the petition in 26-cv-1946 on 6/22/2026. Because this action is duplicative of 26-cv-1946, it is DISMISSED without prejudice. See I.A. Durbin, Inc. v. Jefferson Nat. Bank, 793 F.3d 1541, 1552 (11th Cir. 1986) (explaining why federal courts should dismiss duplicative actions). The Clerk is DIRECTED to terminate any pending motions and deadlines, enter judgment, and close this case. Signed by Judge Sheri Polster Chappell on 7/2/2026. (NMC) (Entered: 07/02/2026)

Jul 02, 2026

Order on Motion to Dismiss

Jul 02, 2026

Opinion and order AND Order Dismissing Case

#12

Jul 07, 2026

Judgment