Alan Gomez v. South Florida Detention Facility

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 26-22417-CIV-SINGHAL ALAN GOMEZ, Petitioner, vs. SOUTH FLORIDA DETENTION FACILITY, Respondent. / ORDER THIS CAUSE is before the Court on Petitioner's Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241 (the “Petition”). (DE [1]). A habeas petitioner must name his immediate custodian as a respondent. See Rumsfeld v. Padilla, 542 U.S. 426, 434-442 (2004). Because Petitioner names only the “South Florida Detention Facility” but not his immediate custodian (/.e., “the person having custody” of Petitioner, such as his detention facility's warden), the Petition must be amended if it is to proceed in this Court. See id. at 434 (quoting 28 U.S.C. § 2243). Indeed, even assuming the Court ultimately determines Petitioner is entitled to relief, it cannot order his release until the proper respondent is before the Court. Accordingly, it is hereby ORDERED AND ADJUDGED that the Petition (DE [1]) is DENIED WITHOUT PREJUDICE. Should Petitioner wish to file an amended petition, he must do so by April 28, 2026. Otherwise, the Clerk of Court is directed to CLOSE this case, CANCEL alll hearings and deadlines, and DENY AS MOOT all pending motions.

DONE AND ORDERED in Chambers, Fort Lauderdale, Florida, this 8th day of April 2026. \ Copies furnished counsel via CM/ECF Lk eS RAAG SINGH UNITED STATES DISTRICT JUDGE