Lopez Chaviano v. Warden, Florida Soft Side South Detention Center et al (Collier County)
| Raul Robert Lopez Chaviano |
| Warden, Florida Soft Side South Detention Center and US Attorney General |
| 2:2026cv02050 |
| June 18, 2026 |
| U.S. District Court for the Middle District of Florida |
| Kyle C Dudek |
| 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 July 10, 2026. A more recent docket listing may be available from PACER.
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| Filing 15 JUDGMENT entered dismissing petition without prejudice. ( Signed by Deputy Clerk) (MGB) |
Filing 14
ORDER denying without prejudice #1 Petition for Writ of Habeas Corpus filed by Raul Robert Lopez Chaviano to him refiling a new petition should his current detention exceed the six-month mark and he can demonstrate there is no significant likelihood of removal in the reasonably foreseeable future. The Clerk is DIRECTED to enter judgment accordingly, terminate any pending motions and deadlines, and close the case. Signed by District Judge Kyle C. Dudek on 7/8/2026. (CGW)
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| Filing 13 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) |
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Filing 11
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)
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| Filing 10 RESPONSE to #1 Petition for Writ of Habeas Corpus by US Attorney General. (Attachments: #1 Exhibit 1_Composite Exhibit)(Spraker, Chad) |
| Filing 9 NOTICE of a related action per Local Rule 1.07(c) by US Attorney General. Related case(s): Yes (Spraker, Chad) |
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Filing 8
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)
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| Filing 7 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 6 NOTICE of Amended Appearance by Nicholas John Peter Meros on behalf of Warden, Florida Soft Side South Detention Center (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 6/30/2026. Signed by Judge Sheri Polster Chappell on 6/23/2026. (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 6/23/2026. (RCD)
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| Filing 2 MOTION to Proceed In Forma Pauperis by Raul Robert Lopez Chaviano. (Attachments: #1 Mailing Envelope)(ABM) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 1 PETITION for Writ of Habeas Corpus - Federal filed by Raul Robert Lopez Chaviano. (Attachments: #1 Mailing Envelope)(ABM) |
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