Middle District of Florida • 2:26-cv-02104
Fernandes v. Warden, Florida Soft Side South Detention Center (Collier)
Completed
Case Information
Filed: June 29, 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)
Completed: July 14, 2026
Last Activity:
July 15, 2026
Parties:
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Docket Entries
#1
Jul 01, 2026
Petition for Writ of Habeas Corpus
Main Document:
Petition for Writ of Habeas Corpus
#2
Jul 01, 2026
Memorandum in support
Main Document:
Memorandum in support
#3
Jul 01, 2026
Proceed In Forma Pauperis
Main Document:
Proceed In Forma Pauperis
#4
Jul 02, 2026
ENDORSED ORDER granting 3 Application to Proceed in District Court Without Prepaying Fees or Costs. Signed by Magistrate Judge Kevin R. Huguelet on 7/2/2026. (TMA) (Entered: 07/02/2026)
#5
Jul 02, 2026
Order to Respond to Habeas Petition
Main Document:
Order to Respond to Habeas Petition
Jul 02, 2026
Order on Motion to Proceed In Forma Pauperis
#6
Jul 07, 2026
Notice of appearance
Main Document:
Notice of appearance
#7
Jul 09, 2026
Response to habeas petition
Main Document:
Response to habeas petition
#8
Jul 09, 2026
Dismiss
Main Document:
Dismiss
#9
Jul 10, 2026
ENDORSED ORDER denying Respondent Warden of Florida Soft Side South Detention Center's Motion to Dismiss Petition for Writ of Habeas Corpus (Doc. 8). "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 7/10/2026. (SAP) (Entered: 07/10/2026)
Jul 10, 2026
Order on Motion to Dismiss
#11
Jul 14, 2026
CASE ELECTRONICALLY TRANSFERRED to the Western District of Texas, El Paso Division. ***Case closed. (LMF) (Entered: 07/14/2026)
Jul 14, 2026
District Transfer Out
Jul 15, 2026
Acknowledgment - Transferred Case Opened
Jul 15, 2026
Acknowledgment - Transferred case has been opened in the Western District of Texas as case 3:26-cv-01905, filed 07/14/2026. (JNB)