Roberto Reyes Medina Carcamo v. Krome North Service Processing Center

Medina Carcamo · United States District Court for the Southern District of Florida · January 29, 2026 · No. 26-cv-20079-ALTMAN

Summary

The United States District Court for the Southern District of Florida dismissed without prejudice a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2241 because it did not state specific grounds or facts supporting relief. The court granted the petitioner until February 27, 2026, to file an amended petition and either pay the $5 filing fee or submit a sufficient application to proceed in forma pauperis. The court administratively closed the case pending compliance.

Holdings

  1. The petition was facially deficient because it did not specify any ground for habeas relief, state facts supporting such a ground, or allege facts showing that the petitioner's immigration detention was unreasonable or that due process required a bond hearing.
  2. The court dismissed the petition without prejudice but granted the petitioner one opportunity to file an amended § 2241 petition that complies with the applicable pleading and form requirements.
  3. The petitioner had to pay the $5 filing fee or submit a legally sufficient motion to proceed in forma pauperis, including the required financial affidavit and six-month account statement.

Questions Presented

  1. Whether the § 2241 petition was legally sufficient when it requested release or bond but identified no specific constitutional ground for relief and alleged no facts showing that the detention was unreasonable.
  2. Whether the court should dismiss the facially deficient petition or permit the petitioner to file an amended petition satisfying the applicable habeas pleading requirements.
  3. Whether the petitioner was required to pay the $5 filing fee or file a legally sufficient motion to proceed in forma pauperis.

Disposition

dismissed

Cases Cited (9)

  • Chavez v. Sec'y, Fla. Dep't of Corr., 647 F.3d 1057, 1061 (11th Cir. 2011)(followed)
  • Borden v. Allen, 646 F.3d 785, 810 (11th Cir. 2011)(followed)
  • Blankenship v. Hall, 542 F.3d 1253, 1270 (11th Cir. 2008)(followed)
  • Oscar v. Ripe, 751 F. Supp. 3d 1324, 1332 (S.D. Fla. 2024)(followed)
  • J.N.C.G. v. Warden, 2020 WL 5046870, at *7 n.5 (M.D. Ga. Aug. 26, 2020)(followed)
  • Paez v. Sec'y, Fla. Dep't of Corr., 947 F.3d 649, 653 (11th Cir. 2020)(followed)
  • Orr v. United States, 800 F. App'x 705, 707 (11th Cir. 2020)(followed)
  • Castro v. Director, F.D.I.C., 449 F. App'x 786, 788 (11th Cir. 2011)(followed)
  • Lowery v. Ala. Power Co., 483 F.3d 1184, 1219 (11th Cir. 2007)(followed)

Cited In (0)

No citing cases on record yet.

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