Mashiyane v. Rodney
- Laura Swain
- 1:25-cv-04963
- U.S. District Court · Southern District of New York
- 5
In Mashiyane v. Rodney, Judge Swain dismissed the action without prejudice because a nonlawyer signed and filed it for Mashiyane.
The dismissal affects Mashiyane’s action against Judge Michelle Rodney, Ancelot Fletcher, Lynelle Maginley Liddie, and NYC Mayor Adams, Eric. Mashiyane may file a new action on his own behalf, but the court denied fee-free status for an appeal from this order.
What happened
In Mashiyane v. Rodney, Siphumelele Mashiyane was listed as the plaintiff, but Thandeka Mazibuko signed the complaint and application to proceed without paying fees. Mazibuko said she held power of attorney for Mashiyane, who was detained at the Robert N. Davoren Center on Rikers Island.
The court said a person who is not an attorney cannot represent another person in court or sign court papers for that person, even with power of attorney. The filings also did not include a prisoner authorization signed by Mashiyane, which is required to seek payment of the filing fee in installments from a prison account.
Judge Swain dismissed the action without prejudice, allowing Mashiyane to start a new federal civil action by signing and filing his own documents. The court also denied fee-free status for any appeal and directed the Clerk of Court to enter judgment.
The detailed version
- Mashiyane v. Rodney · No. 1:25-cv-04963
- Laura Swain
- June 24, 2025
Background
Siphumelele Mashiyane was listed as the plaintiff. The complaint and application to proceed without prepaying filing fees were signed by Thandeka Mazibuko, who said she held power of attorney for Mashiyane. The complaint concerned Mashiyane’s criminal proceedings and injuries he allegedly sustained while detained at Rikers Island. The power-of-attorney form authorized Mazibuko to act for Mashiyane in specified matters, including real estate, banking, business operations, insurance, and estates. The opinion does not state that Mazibuko is an attorney.
Power of attorney and signatures
The court explained that a person who is not licensed as an attorney may not appear in court or sign court submissions for another person. The court applied that rule even though Mazibuko had power of attorney over some of Mashiyane’s affairs. It therefore dismissed, without prejudice, any claims Mazibuko brought on Mashiyane’s behalf.
Federal Rule of Civil Procedure 11(a) requires an unrepresented party to sign pleadings, motions, and other court papers personally. The court found that the complaint and fee-waiver application did not comply with that rule because Mazibuko, who was not a party, signed them instead of Mashiyane.
Filing-fee requirements and disposition
A prisoner seeking to proceed without prepaying filing fees must submit a signed application and a signed prisoner authorization. The authorization permits the court to collect the filing fee in installments from the prisoner’s trust-fund account and requires account statements for the preceding six months. Neither Mazibuko nor Mashiyane submitted a signed prisoner authorization.
The court dismissed this action without prejudice to Mashiyane filing a future civil action on his own behalf. The court specified that Mashiyane could commence a new action by signing his own complaint and fee-waiver application and submitting a signed prisoner authorization. The court also certified that any appeal would not be taken in good faith and denied permission to appeal without prepaying fees. It directed the Clerk of Court to enter judgment.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.