Rodriguez Pendas v. Warden, Florida Soft Side South Detention Center et al
| Pablo Rodriguez Pendas |
| Warden, Florida Soft Side South Detention Center and US Attorney General |
| 2:2026cv01690 |
| May 18, 2026 |
| U.S. District Court for the Middle District of Florida |
| Ft. Myers Office |
| Sheri Polster Chappell |
| Nicholas P Mizell |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (Federal) |
| None |
Docket Report
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This docket was last retrieved on June 8, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 12 PROOF of service - Attorney General of the United States served on 5/29/2026. (TDC) |
| Filing 11 JUDGMENT entered the Petition for Writ of Habeas Corpus (Doc. #1) is GRANTED. ( Signed by Deputy Clerk) (JDR) |
Filing 10
OPINION AND ORDER. Pablo Rodriguez Pendas's Petition for Writ of Habeas Corpus (Doc. #1) is GRANTED. The respondents shall release Rodriguez Pendas within 24 hours of this Order and provide him telephone access so he can arrange transportation from the facility. The Clerk is DIRECTED to terminate any pending motions and deadlines, enter judgment, and close this case. Signed by Judge Sheri Polster Chappell on 6/3/2026. (SAP)
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| Filing 9 NOTICE of a related action per Local Rule 1.07(c) by US Attorney General. Related case(s): Yes (Emden, Christopher) |
| Filing 8 RESPONSE to #1 Petition for Writ of Habeas Corpus by US Attorney General. (Attachments: #1 Exhibit A)(Emden, Christopher) |
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Filing 7
ENDORSED ORDER denying Respondent Warden of Florida Soft Side South Detention Center'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 5/28/2026. (SAP)
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| Filing 6 MOTION to Dismiss Petition for Writ of Habeas Corpus by Warden, Florida Soft Side South Detention Center. (Attachments: #1 Exhibit A, #2 Exhibit B)(Meros, Nicholas) |
| Filing 5 NOTICE of Appearance by Nicholas John Peter Meros on behalf of Warden, Florida Soft Side South Detention Center (Meros, Nicholas) |
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Filing 4
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 5/28/2026. Signed by Judge Sheri Polster Chappell on 5/21/2026. (TDC)
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Filing 3
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 5/21/2026. (RCD)
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| Filing 2 MOTION to Proceed In Forma Pauperis by Pablo Rodriguez Pendas. (Attachments: #1 Mailing Envelope)(ABM) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 1 PETITION for Writ of Habeas Corpus - Federal filed by Pablo Rodriguez Pendas. (Attachments: #1 Mailing Envelope)(ABM) |
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