Middle District of Florida • 2:26-cv-02050
Lopez Chaviano v. Warden, Florida Soft Side South Detention Center (Collier County)
Completed
Case Information
Filed: June 18, 2026
Assigned to:
Kyle C. Dudek
Referred to:
Nicolas P. Mizell
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (Federal)
Completed: July 10, 2026
Last Activity:
July 10, 2026
Parties:
View All Parties →
Docket Entries
#1
Jun 18, 2026
PETITION for Writ of Habeas Corpus - Federal filed by Raul Robert Lopez Chaviano. (Attachments: # 1 Mailing Envelope)(ABM) (Entered: 06/22/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jun 18, 2026
MOTION to Proceed In Forma Pauperis by Raul Robert Lopez Chaviano. (Attachments: # 1 Mailing Envelope)(ABM) Motions referred to Magistrate Judge Nicholas P. Mizell. (Entered: 06/22/2026)
Main Document:
Proceed In Forma Pauperis
#3
Jun 23, 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 6/23/2026. (RCD) (Entered: 06/23/2026)
#4
Jun 23, 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 6/30/2026. Signed by Judge Sheri Polster Chappell on 6/23/2026. (TDC) (Entered: 06/23/2026)
Main Document:
Order to Respond to Habeas Petition
Jun 23, 2026
Order on Motion to Proceed In Forma Pauperis
#5
Jun 29, 2026
Notice of appearance
Main Document:
Notice of appearance
#6
Jun 29, 2026
Notice of appearance
Main Document:
Notice of appearance
#7
Jun 29, 2026
Dismiss
Main Document:
Dismiss
#8
Jun 29, 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 6/29/2026. (SAP) (Entered: 06/29/2026)
Jun 29, 2026
Order on Motion to Dismiss
#9
Jun 30, 2026
Notice of a Related Action
Main Document:
Notice of a Related Action
#10
Jun 30, 2026
Response to habeas petition
Main Document:
Response to habeas petition
#11
Jul 06, 2026
ENDORSED ORDER. Before the Court is Petitioner Raul Robert Lopez Chaviano's second Petition for Writ of Habeas Corpus (Doc. 1). United States District Judge Kyle C. Dudek denied Lopez Chaviano's first petition and is thus familiar with the factual and procedural background of this case. Per Middle District of Florida Local Rule 1.07(a)(2)(A), this related, later-filed action is transferred to the Honorable Kyle C. Dudek, with his consent, for all further purposes. The Clerk of Court is DIRECTED to REASSIGN this case to United States District Judge Kyle C. Dudek. Signed by Judge Sheri Polster Chappell on 7/6/2026. (NMC) (Entered: 07/06/2026)
Jul 06, 2026
Order Reassigning Case to Another Judge w/in Division
#13
Jul 07, 2026
Case Reassigned to District Judge Kyle C. Dudek. New case number: 2:26-cv-2050-KCD-NPM. Judge Sheri Polster Chappell no longer assigned to the case. (LF) (Entered: 07/07/2026)
Jul 07, 2026
Case Assigned/Reassigned
#15
Jul 10, 2026
Judgment
Main Document:
Judgment
Parties
Lopez Chaviano
Party
Warden, Florida Soft Side South Detention Center (Collier County)
Party