Alcon Lopez v. Warden, Florida Soft Side South Detention Center et al (Collier County)
| Victor Alcon Lopez |
| Warden, Florida Soft Side South Detention Center and U.S. Attorney General |
| 2:2026cv02073 |
| June 22, 2026 |
| U.S. District Court for the Middle District of Florida |
| 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 July 8, 2026. A more recent docket listing may be available from PACER.
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Filing 10
JUDGMENT is entered denying #1 Petition for Writ of Habeas Corpus. (Signed by Deputy Clerk) (JVC)
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Filing 9
OPINION AND ORDER. Victor Alcon Lopez's Petition for Writ of Habeas Corpus (Doc. #1) is DENIED. The Clerk is DIRECTED to terminate any pending motions and deadlines, enter judgment, and close the case. Signed by Judge Sheri Polster Chappell on 7/8/2026. (SAP)
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Filing 8
RESPONSE to #1 Petition for Writ of Habeas Corpus by U.S. Attorney General. (Attachments: #1 Exhibit A)(Pardo, David)
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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 7/1/2026. (SAP)
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Filing 6
MOTION to Dismiss Petition for Writ Habeas Corpus by Warden, Florida Soft Side South Detention Center. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Meros, Nicholas)
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Filing 5
NOTICE of Appearance and Lead Counsel Designation by Nicholas John Peter Meros on behalf of Warden, Florida Soft Side South Detention Center (Meros, Nicholas) Modified on 6/30/2026 to edit docket text (MSN).
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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 7/2/2026. Signed by Judge Sheri Polster Chappell on 6/25/2026. (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 6/25/2026. (TLP)
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Filing 2
MOTION to Proceed In Forma Pauperis / Affidavit of Indigency by Victor Alcon Lopez. (Attachments: #1 Mailing Envelope)(LAW) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 1
PETITION for Writ of Habeas Corpus - Federal filed by Victor Alcon Lopez. (Attachments: #1 Mailing Envelope)(LAW)
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